LAW  STENOGRAPHER 


THE  LIBRARY 

OF 

THE  UNIVERSITY 
OF  CALIFORNIA 

LOS  ANGELES 


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HOW  TO  BECOME 
A   LAW  STENOGRAPHER 


A  COMPENDIUM   OF  LEGAL  FORMS 
CONTAINING  A 

COMPLETE  SET  OF  LEGAL  DOCUMENTS  ACCOMPANIED  WITH 

FULL  EXPLANATIONS  AND  DIRECTIONS  FOR 

ARRANGING  ON  THE  TYPEWRITER 

FOR  STENOGRAPHERS  AND 
TYPEWRITER  OPERATORS 


AN    INDISPENSABLE   COMPANION    FOR   EVERY   STENOGRAPHER 
INTENDING   TO   TAKE   A   POSITION    IN    A   LAW   OFFICE 


COMPILED   BY 

W.   L.   MASON 

A  Law  and  Convention  Reporter  of  Thirty  Years'  Experience ;   Late  Teacher  of 

Stenography  and  Typewriting  in  the  Mechanics'  Institute  and  the 

De  Witt  Clinton  High  School ;  and  for  twelve  years 

Principal  of  the  Metropolitan  Shorthand 

School,  New  York 


|S/\  52M    K 

/  -7  £>  7 


PREFACE 


THIS  Compendium  of  Legal  Forms  is  designed  to  afford  a  ready 
and  practical  aid  to  familiarity  with  law  work,  and  is  intended 
for  use  in  High  Schools  and  Business  Colleges,  as  well  as  by 
individual  stenographers  who  desire  to  prepare  themselves  to 
fill  lucrative  positions  in  law  offices,  or  as  court  reporters. 

The  book  contains  a  large  number  and  variety  of  forms, 
together  with  directions  for  arranging  the  same  on  the  typewriter, 
as  well  as  explanations  of  peculiar  terms  and  expressions  used 
by  lawyers,  and  a  carefully  compiled  list  of  the  Latin  phrases 
in  more  common  use,  with  definitions,  as  found  in  legal  papers. 

In  using  this  Compendium,  each  document  should  be  carefully 
studied,  both  as  to  its  form  and  contents,  then  written  on  the 
typewriter  several  times,  until  it  can  be  typed  rapidly  with  ease 
and  accuracy.  Certain  paragraphs  should  be  memorized  as 
indicated.  The  arrangement  of  headings,  paragraphs,  endings, 
etc.,  as  given  in  the  book,  should  be  strictly  followed.  The  forms 
herein  presented  for  study  are  authentic  legal  documents,  used 
in  real  legal  transactions,  or  in  actual  trials  of  cases,  and  are 
not  theoretical  compilations  of  the  compiler. 
,1  In  preparing  this  new  and  revised  edition  of  a  work  which  has 
already  had  a  wide  circulation,  and  proven  to  be  very  popular, 
as  well  as  invaluable  to  the  ambitious  stenographer  and  to  the 
teacher  of  shorthand  and  typewriting  who  is  aiming  to  prepare 
his  students  to  enter  law  offices,  several  new  features  have  been 
introduced,  among  them  being  a  set  of  legal  documents  peculiar 
to  other  sections  of  the  country  outside  of  New  York. 

Another  useful  feature  of  this  work  is  the  very  full  Index 
with  cross  references,  enabling  a  student  to  find  at  a  glance  not 
only  any  kind  of  legal  document  in  common  use  contained  in 
the  preceding  pages,  but  most  of  the  terms  and  expressions 
employed  in  law  offices. 

Still  another  feature  is  the  full  explanation  of  each  document, 
the  meaning  of  which  is  not  obvious  at  a  glance. 

The  compiler  of  this  work  desires  to  express  his  appreciation  of 
valuable  aid  afforded  him  by  Mr.  Charles  T.  Conger,  Principal 
of  the  High  School  at  Bakersfield,  California,  Judge  C.  L.  Claflin, 
Attorneys  W.  B.  Beaizley,  Fred  Borton,  and  others  who  have 
made  suggestions  from  time  to  time  which  have  materially 
increased  its  value  and  efficiency. 

San  Antonio,  Texas, 

May  1st,  1909. 


TABLE  OF  CONTENTS 

PACK 

SUGGESTIONS                      .                   .                   .  .                   .  .9 

LEGAL   FORMS                    .                   .                   .  .                   .  .11 

COURT    DOCUMENTS       .                   .                   .  .                   .  .11 

COMPLAINT       .                   .                   .                   .  .                   .  .13 

SUMMONS           .                   .                   .                   .  .                   .  .14 

ENDORSEMENT                   .                   .                   .  .                   .  .15 

ANSWER              .                   .                   .                   .  .                   .  .16 

ANOTHER   FORM    OF    COMPLAINT                 .  .                   .  .18 

ANOTHER   FORM    OF   ANSWER     .                   .  .                   .  .19 

AFFIDAVIT  TO  OBTAIN  AN  ORDER  REFERRING  THE  ISSUES  .  20 

AFFIDAVIT  OF  ATTORNEY  FOR  ACCOUNTING  EXECUTOR  .  22 

AFFIDAVIT  CERTIFYING  TO  CORRECTNESS  OF  ACCOUNTANT'S 

REPORT       .                   .                   .                   .  .                   .  .24 

AFFIDAVIT  OF  MORTGAGOR         .                   .  .                   .  .25 

AFFIDAVIT  ASKING  FOR  AN  ORDER  TO  FILE  AN  AMENDED 

COMPLAINT  .  ^  .  .  .26 

ORDER  PERMITTING  PLAINTIFFS  TO  AMEND  COMPLAINT  .  27 
AFFIDAVIT  FOR  A  COMMISSION  TO  EXAMINE  A  WITNESS  WITHOUT 

THE    STATE                   .                   .                   .  .                   .  .28 

ORDER     FOR    A     COMMISSION    TO    EXAMINE  WITNESS     ON 

INTERROGATORIES                     .                   .  .                   .  .29 

COMMISSION      .                   .                   .                   .     '  .                   .  .30 

INTERROGATORIES          .                   .                   .  .                   .  .31 

CROSS-INTERROGATORIES              .                   .  .                   .  .32 

DEPOSITION      .                   .                   .                   .  .                   .  .33 

SPECIAL    TERM    ORDER                    .                   .  .                   .  .35 

NOTICE    OF   TRIAL           .                   .                   .  .                   .  .36 

NOTICE   TO    PRODUCE   .                   .                   .  .                   .  .37 

PETITION            .                   .                   .                   .  .                   .  .38 

CONSENT             .                   .                   .                   .  .                   .  .40 

EXECUTOR'S  OATH       .              .              .  .              .  .41 

INTRODUCING  EVIDENCE          .             .  .             .  .42 

FORM  OF  HEADING  FOR  TESTIMONY    .  .             .  .43 

TRANSCRIBING  TESTIMONY       .              .  .              .  .45 

TESTIMONY  OF  HENRY  RAYMOND         .  .              .  .48 

BILL  OF  COSTS            .             .             .  .             .  .50 

ENDORSEMENT  FOR  BILL  OF  COSTS     .  .             .  .52 

BRIEF                    .                   .                   .                   .  .                   .  .53 

OPINION              .                   .                   .                   .  .                   .  .55 

5 


6  TABLE  OF  CONTENTS 

PASE 

JUDGMENT    DISMISSING    COMPLAINT        .  .  .  .58 

JUDGMENT    UPON    REPORT    OF    REFEREE  .  .  .59 

WILL                      .                   .                   .                   .  .  .  .60 

DEED  (NEW  FORM)   .      .      .  .  .  .62 

SEARCH     .      .      .      .  .  .  .64 

OLD  FORM  OF  DEED  .      .      .  .  .  .65 

MORTGAGE   .      .      .      .  .  .  .68 

BOND         .        .        .        .  .  .  .70 

BOND    WITH    INTEREST    CLAUSE                   .  .  .  .71 

BOND    OF    INDEMNITY                     .                   .  .  .  .72 

LEASE               .    .                   .                   .                   .  .  .  .73 

SCHEDULE    OF    RECEIPTS    AND    EXPENSES  .  .  .74 

GENERAL    ASSIGNMENT                   .                   .  .  .  .75 

ASSIGNMENT    OF    CLAIM                  .                   .  .  .  .76 

AGREEMENT     .                   .                   .                   .  .  .  .77 

AGREEMENT    OF    CREDITORS       .                   .  .  .  .78 

POWER    OF    ATTORNEY                    .                   .  .  .  .79 

ANOTHER    FORM    OF    POWER    OF    ATTORNEY  .  .  .80 

RELEASE    FROM    COPARTNERSHIP    LIABILITY  .  .  .81 

GENERAL    RELEASE        .                   .                   .  .  .  .82 

SOME    WESTERN    LEGAL    FORMS                   .  .  .  .83 

CALIFORNIA    COMPLAINT                .                   .  .  .  .83 

DEMURRER        .                   .                   .                   .  .  .  .87 

AMENDED    COMPLAINT                    .                   .  .  .  .89 

ORDER   PERMITTING   AMENDED    COMPLAINT   TO   BE   FILED  .          91 

AFFIDAVIT    OF   SERVICE    BY    MAIL             .  .  .  .92 

CALIFORNIA    ANSWER    .                   .                   .  .  .  .93 

NOTICE    OF    TRIAL           .                   .                   .  .  .  .95 

CALIFORNIA   BRIEF         .                   .                   .  .  .  .96 

FINDINGS            .                   .                   .                   .  .  .  .98 

DISMISSAL          .                   .                   .                   .  .  .  .100 

COST    BILL         .                   .                    .                    .  .  .  .101 

BILL    OF    EXCEPTIONS  .                   .                   .  .  .  .103 

PROPOSED  AMENDMENTS  TO  PROPOSED  BILL  OF  EXCEPTIONS       .        106 

NOTICE    OF   APPEAL       .                   .                   .  .  .  .107 

DECREE    OF    FORECLOSURE          .                   .  .  .  .108 

WRIT    OF    CERTIORARI                     .                   .  .  .  .111 

COMPLAINT        .                   .                   .                   .  .  .  .113 

AFFIDAVIT    FOR    ATTACHMENT.                   .  .  .  .115 

UNDERTAKING                   .                   .                   .  .  .  .116 

PETITION            .                   .                   .                   .  .  .  .118 

BOND  120 


TABLE   OF  CONTENTS  7 

PAGE 

ORDER    OF    REMOVAL    OF    CAUSE                 .                    .  .  .122 

AMENDED    COMPLAINT                     .                   .                    .  .  .123 

NOTICE    OF    MOTION       .                   .                   .                    .  .  .125 

VERDICT              .                   .                   .                   .                    .  .  .127 

JUDGMENT      .             .             .             .             .  .  .128 

BILL  OF  COMPLAINT  IN  U.S.  CIRCUIT  COURT   .  .  .130 

ORDER  EXTENDING  TIME  TO  DOCKET  CAUSE  .  .  .134 

ORDER  TO  SHOW  CAUSE          .             .             .  .  .135 

ACTION  ON  NOTE         .              .              .              .  .  .137 

MOTION  FOR  COSTS     .             .             .             .  .  .138 

SUBPOENA  AD  RESPONDENDUM  (NEVADA)         .  .  .139 

MOTION  FOR  NEW  TRIAL  (MISSOURI)   .              .  .  .140 

CONTEST  NOTICE         .             .:            .             .  .  .     141 

ASSIGNMENT  OF  CLAIM  (TEXAS)           .             .  .  .142 

DEED  (ILLINOIS)          .              .              .              .  .  .143 

POWER  OF  ATTORNEY  (CALIFORNIA)    ....     144 

REVOCATION  OF  POWER  OF  ATTORNEY             .  .  .145 

PROXY  .......        146 

QUIT-CLAIM  DEED  (CALIFORNIA)          .             .  .  .147 

BILL  OF  SALE  (INDIANA)          .              .              .  .  .148 

QUIT-CLAIM  DEED  (INDIANA)  .              .              .  .  .149 

WILL  (ILLINOIS)           .             .              .              .  .  .150 

LETTERS  RELATING  TO  LAW  WORK     .             .  .  .151 

LIST  OF  LATIN  PHRASES  WITH  DEFINITIONS    .  154 


SUGGESTIONS 

TO 

TYPEWRITER  OPERATORS  FOR  ARRANGING  LEGAL 
FORMS  ON   THE  MACHINE 


1.  ALL  words  printed  in  capital  letters  in  the  following  pages 
should  be  written  "  All  Caps  "  on  the  machine. 

2.  Use  ruled  legal  paper,  thirteen  inches  long  by  eight  inches 
wide,  with  red  marginal  lines,  and  write  on  only  one  side  of  the 
sheet.     The  only  exception  to  this  rule  is  a  Will,  which  is  some- 
times written  on  both  sides  of  a  legal  sheet.     In  New  York 
practise,  Court  documents  may  now  be  written  on  paper  8x10 
inches,  with  marginal  lines. 

3.  Set  the  right  hand  red  line  at  71,  and  the  left  marginal 
stop  two  spaces  from  the  red  line  on  the  left  side.     Paragraph 
five  spaces  in  from  the  margin. 

4.  In  Court  documents  for  use  in  New  York  Courts,  run  an 
ordinary  "  box,"  containing  the  title,  thirty  spaces  from  the 
left  hand  margin,  using  hyphens  for  the  upper  and  lower  lines 
of  the  "  box,"  and  colons,  or  right  parenthesis  marks,  for  the 
side.     Above  this  "  box  "  place  the  name  of  the  Court,  as  shown 
in  the  following  pages.     An  easy  way  to  do  this  is  to  write  first 
the  name  of  the  Court,  centering  it  between  the  margin  (if  at 
10)  and  40,  or  (if  at  6)  36,  then  the  upper  line  of  hyphens,  ending 
same  with  a  small  x,  then  the  name  of  the  plaintiff  or  plaintiffs, 
and  so  on,  until  ah1  the  title  has  been  written  ;   then  make  the 
bottom  line  of  hyphens,  and  then,  holding  down  the  shift  key 
(for  single  keyboard)  and  the  space  bar,  strike  the  colons  one 
after  the  other,  turning  the  carriage  back  after  each  with  the 
right  hand.     Other  documents  arrange  as  printed. 

5.  Begin  all  legal  documents  six  full  spaces  from  the  top  of 
the  page. 

6.  Leave  plenty  of  space  for  all  blanks — half  a  line  to  a  line 
for  a  name,  date,  or  sum  of  money. 

7.  Do  not  write  the  name  of  a  document  on  the  face  thereof, 
except  in  Western  forms  where  shown. 

8.  Write  all  New  York  State  documents  in  black  ink,  on 
medium  weight  paper,  and  for  duplicate  copies  use  black  carbon. 


10  SUGGESTIONS 

9.  Fasten,  with  brass  staples,  each  copy  of  every  document 
to  a  colored  "  back,"  with  the  top  folded  over  about  an  inch 
and  a  half,  and  endorse  the  "  back  "  with  the  caption,  the  name 
of  the  document,  and  the  name  and  address  of  the  attorney. 
If  the  back  furnished  for  binding  the  document  does  not  contain 
an  "  Admission  of  Service  "  printed  thereon,  it  should  be  added 
on  the  typewriter  beneath  the  name  and  address  of  the  Attorney, 
in  the  following  words  :    "  Due  and  timely  service  of  the  within 
document  is  hereby  admitted."     Then  leave  a  blank  space  for 
the  Attorney's  name,  and  the  word  "  Dated,"  leaving  a  space  for 
the  date  to  be  written  in  in  ink. 

10.  Use  the  same  capitalization  in  typewriting  the  forms  as 
is  shown  in  the  examples  given  in  the  following  pages. 


LEGAL     FORMS 

A  STENOGRAPHER  who  is  preparing  to  take  a  position  in  a  law 
office  should  familiarize  himself  with  legal  forms,  and  even 
commit  to  memory  certain  portions  of  some  of  the  documents. 

Legal  forms  comprise  two  kinds,  viz.  : 

1.  Court  Documents,   i.e.,   those   actually  necessary  in  the 
trial  of  a  case,  and  usually  known  as  "  Pleadings." 

2.  Other  legal  documents,  such  as  Wills,  Deeds,  Mortgages, 
and  various  kinds  of  Contracts. 


COURT     DOCUMENTS 

THESE  consist  of  Complaints,  Answers,  Affidavits,  Orders, 
Notices,  etc.,  etc. 

In  the  trial  of  a  case,  the  first  document  encountered  is  the 
Summons,  which,  however,  is  rarely  dictated.  A  printed  form 
is  generally  used,  filled  in  on  the  typewriter,  and  attached  to 
the  Complaint. 

The  next  document  is  the  Complaint.  In  writing  the  Com- 
plaint, as  well  as  all  other  Court  Documents,  the  first  thing  to 
note  is  the  "  Caption  "  with  which  all  such  papers  begin.  This 
includes  the  name  of  the  Court  in  which  the  case  is  to  be  tried, 
and  the  Title,  comprising  the  names  of  the  plaintiff  and  defendant, 
connected  by  the  word  "  against."  This  connecting  word  is 
written  variously,  against,  vs.,  v.,  or  versus,  the  last  being  the 
most  infrequent  form,  and  should  be  taken  down  and  transcribed 
as  dictated. 


(•GMPLAINT) 


Pol.  1 


N.Y.  SUPREME  COURT. 


James  T.  Ball,         : 

Plaintiff, : 

-against-  : 

Walter  Stephens,        : 

Defendant. : 


The  plaintiff  complains  against  the  defendant  in  the  above 
entitled  action,  and  alleges  :  ^ 

FIRST.   That  on  or  about  the  24th  day  of  August,  1909,  the 
above  named  plaintiff  loaned  to  the  defendant  herein,  at  his  raqueet, 
the  sum  of  Five  hundred  Dollars  ($500.),  which  said  sum  the  defendant 
promised  to  pay  to  said  plaintiff  on  demand,  with  interest  from  said 
24th  day  of  August,  19O9. 

SECOND.   That  on  the  17th  day  of  December,  1909,  the  plaintiff 
above  named  duly  demanded  said  sum  from  the  said  defendant,  but  that 
no  part  thereof  has  been  paid,  and  that  the  said  Five  hundred  Dollars 
($500.),  with  interest  from  the  24th  day  of  August,  1909,  now  remains 
due  and  owing  from  said  defendant  to  said  plaintiff. 

WHEREFORE,  this  plaintiff  demands  judgment  against  the 
defendant  for  the  sum  of  Five  hundred  Dollars  ($500.),  with  interest 
thereon  from  the  24th  day  of  August,  1909,  together  with  the  coats 
of  this  action. 


Plaintiff's  Attorneys, 

Office  and  Poet-office  Address, 
No.  31  Nassau  Street, 
New  York,  N.Y. 


STATE  OF  NEW  YORK,  ; 
COUNTY  OF  NEW  YORK,  !"°  : 


James  T.  Ball,  being  duly  sworn,  says,  that  ho  is  the 
plaintiff  in  the  above  entitled  action  ;  that  th«  foregoing  com- 
plaint la  true  to  his  own  knowledge,  except  as  to  the  matters 
therein  stated-  to  be  alleged  on  information  and  belief,  and  that 
as  to  those  matters  he  believes  it  to  be  true. 

SJtSworn  to  before  me  thi« 
£(  day  of  December,  1909. 


•  Venue,  Place  of  Trial. 

t  •». -Scillcst,  to  wit,  namely 

{  Jurat,  o*tlt. 


14  Legal  Forms 

2 

(SUMMONS) 

N.   Y.   SUPREME  COURT. 


JAMES  T.  BALL, 

vs.  Plaintiff, 

WALTER  STEPHENS, 

Defendant. 


TO  THE  ABOVE  NAMED  DEFENDANT: 

YOU  ARE  HEREBY  SUMMONED  to  answer  the 
complaint  in  this  action,  and  to  serve  a  copy  of  your  answer  on 
the  plaintiff's  attorneys  herein  within  ten  days  after  the  service 
of  this  summons,  exclusive  of  the  day  of  service,  and  in  case  of 
your  failure  to  appear  or  answer,  judgment  will  be  taken  against 
you  by  default  for  the  relief  demanded  in  the  complaint. 
Dated,  New  York,  December  ,  1909. 

Gastron  &  Martin, 
Plaintiff's  Attorneys, 

Office  and  P.O.  Address, 
31  Nassau  Street, 
New  York  City. 


After  typewriting  the  Complaint  on  legal  paper,  it  should  be  bound, 
together  with  the  printed  Summons  properly  filled  in,  as  above,  in  a 
"  back,"  endorsed  as  follows  : 


Legal  Forms 


N.Y.  SUPREME  COURT. 


James   T.    Ball 

vs. 
Walter  Stephens 


SUMMONS  AND  COMPLAINT 


Gaatron  &  Martin, 

Plaintiff's  Attorneys, 
31  Nassau  Street, 
N.   Y.    City. 

1  Due  and  timely  service  of 
the  within  document  ia  hereby 
admitted. 


Defendant's  Atty. 
Dated  : 


To  get  this  endorsement  in  the  right  place,  turn  down  the  "  back  "  an 
inch  and  a  half  from  the  top,  then  fold  the  lower  edge  even  with  the  top 
fold,  insert  in  the  machine  with  the  opening  to  the  left  as  far  as  it  will  go, 
turn  up  four  full  spaces,  then  begin  the  endorsement  30  spaces  from  the 
ri?ht  hand  edge,  centering  between  these  points.  For  example,  if  the  right 
hand  edge  comes  to  70,  begin  the  endorsement  at  40. 

All  New  York  Court  Documents  must  be  "  folioed,"  i.e.,  the  folios 
(every  hundred  words)  indicated  by  placing  the  folio  number  in  the  left-hand 
margin,  thus  Fol.  1,  Fol.  2,  Fol.  3,  etc.  (See  the  Complaint  on  page  13.) 

Three  copies  should  be  made  of  a  document  having  but  one  plaintiff  and 
one  defendant.  Add  another  copy  for  each  additional  party  to  the  action. 

Page  legal  work  at  the  bottom  in  the  center. 

1  These  words  constitute  what  is  called  an  "  Admission  of  Service  "  (see  Suggestions),  and 
are  usually  printed  or  typewritten  on  the  backs  of  Court  Documents.  They  should  be  memorized. 


1 6  Legal    Forms 


(ANSWER  TO  THE  FOREGOING  COMPLAINT) 

A   Complaint  usually  contains  only  allegations. 

An  Answer  may  contain  allegations,  denials,  and  admissions. 

N.  Y.  SUPREME  COURT. 


JAMES  T.  BALL, 

vs.  Plaintiff, 

WALTER  STEPHENS, 

Defendant. 


The    defendant,    by    Henry    Hooper,    Esq.,    his    attorney, 
answering  the  complaint  of  the  plaintiff,  alleges  : 

•a-  [     I.  That  he  has  no  knowledge  or  information  sufficient 
1 1  to  form  a  belief  as  to  any  of  the  allegations  contained  in 
OQ  (paragraph  first  of  said  complaint. 

II.  He  alleges  that  on  or  about  the  24th  day  of  August, 
1908,  he  went  to  the  above-named  plaintiff  and  asked  him  to 
lend  him  the  sum  of  Five  Hundred  Dollars  ($500.),  but  that 
the  plaintiff  declined  and  refused  to  give  him  such  a  loan,  and 
tendered  him  the  sum  of  Five  Dollars  ($5.00),  which  said 
defendant  was  compelled  to  accept,  being  in  very  needy 
circumstances  at  the  time. 

III.  This    defendant    admits    that    at    various  times  the 
plaintiff  has  demanded  from  said  defendant  this  sum  of  Five 
Dollars  (§5.00)  which  the  said  plaintiff  gave  to  the  said 
defendant  on  the  date  hereinbefore  named,  and  he  admits 
also  that  he  declined  to  return  the  said  Five  Dollars  ($5.00) 
to  the  said  plaintiff  in  view  of  the  fact  that  the  said  Five 
Dollars  ( $5.00)  was  tendered  to  the  said  defendant  as  a  gift, 
and  not  as  a  loan. 


Legal  Forms  17 


f     WHEREFORE,     this     defendant     demands    judgment, 
(dismissing  the  complaint  with  costs. 


Defendant's  Attorney, 

Office  and  Post  Office  Address, 

18  Pine  Street, 
Borough  of  Manhattan, 

New  York  City. 

STATE  OF  NEW  YORK, 

•  ss.  : 
COUNTY  OF  NEW  YORK., 

Walter  Stephens,  being  duly  sworn,  deposes  and  says, 
that  he  is  the  defendant  in  the  above  entitled  action  ;  that 
the  foregoing  answer  is  true  to  his  own  knowledge,  except  as 
to  the  matters  therein  stated  to  be  alleged  on  information 
and  belief,  and  that  as  to  those  matters  he  believes  it  to  be 
true. 

Subscribed  and  sworn  to  before  me   ] 

this  day  of  1908.  J 


(Defendant's  Signature.} 


Notary  Public, 

New  York  Co.,  N.  Y. 


The  Answer  should  be  backed  and  endorsed  as  directed  on  page  15, 
inserting  the  word  "  Answer  "  instead  of  "  Summons  and  Complaint." 

Be  careful  never  to  omit  the  Verification  from  a  Complaint  or  an  Answer. 
Either  of  these  documents  is  void  without  a  Verification. 

Memorize  the  Prayer  and  the  Verification  in  the   Complaint ;    also  the 
General  Denial,  the  Prayer,  and  the  Verification  in  the  Answer. 


a— (403) 


1 8  Legal  Forms 

4 

(ANOTHER  FORM  OF  COMPLAINT) 


SUPREME  COURT  OF  THE  CITY  OF 
NEW  YORK. 


WALTER  L.  DRUMMOND 

against 
GEORGE  W.  CARLETON. 


The  above  named  plaintiff  complains  of  the  defendant  and 
shows  to  this  Court : 

THAT  the  said  defendant  is  justly  indebted  to  the  said 
plaintiff  in  the  sum  of  Thirty-five  hundred  Dollars  ($3500.)  for 
money  loaned  to,  paid,  laid  out  and  expended  for  said  defendant 
by  this  plaintiff  at  the  defendant's  request,  and  for  work,  labor 
and  services  rendered  to  the  said  defendant  by  this  plaintiff, 
and  goods,  wares  and  merchandise  sold  and  delivered  by  the 
plaintiff  to  the  defendant  all  during  the  time  previous  to  January, 
1909; 

THAT  no  part  of  the  same  has  been  paid,  and  the  same 
is  now  due,  and  the  plaintiff  demands  judgment  for  Thirty-five 
hundred  Dollars  ($3500.)  besides  costs. 


Plaintiff's  Attorney. 


(Verification.) 


Legal  Forms  19 

5 

(ANOTHER  FORM  OF  ANSWER) 

A  Complaint  usually  contains  only  allegations. 

An  Answer  may  contain  allegations,  denials,  and  admissions. 

SUPREME  COURT, 
COUNTY  OF  NEW  YORK. 


TIMOTHY  JENKINS, 

vs.  Plaintiff, 

LAWRENCE  WOOD,   SIMON  R.  PRINCE  and 

HERMAN  OSBORNE,  composing  the  Firm  of 

WOOD,  PRINCE  &  Co., 

Defendants. 


The    defendants,  by    Morris    Meyer,    Esq.,   their  Attorney, 
answering  the  complaint  of  the  plaintiff,  allege  : 
•g-  [      I.  That    they   have    no    knowledge    or   information  "I  ^ 
j  sufficient  to  form  a  belief  as  to  any  of  the  allegations  If 
o°  ( contained  in  paragraph  first  of  said  complaint. 

f      II.  They  allege  that  on  or  about  the  15th  day  of  October, 

I     1909,  the  plaintiff  came  to  the  store  kept  by  the  said  defend- 

&•!  ants  at  384  Sixth  Avenue,  and  demanded  that  certain  goods 

5;     be  sold  to  him  which  were  not  then,  and  never  have  been, 

I  kept  on  sale  by  these  defendants. 

III.  These  defendants  admit  that,  upon  the  rude  and 
boisterous  conduct  of  the  plaintiff  creating  a  disturbance, 
they  had  him  forcibly  ejected  from  their  premises,  but  they 
deny  that  any  unnecessary  force  was  used  in  said  ejectment. 
WHEREFORE,  these  defendants  demand  judgment 
dismissing  the  complaint  with  costs. 


Defendants'  Attorney, 

Office  and  Post  Office  Address, 
18  Pine  Street, 

Borough  of  Manhattan, 

STATE  OF  NEW  YORK,      )  New  York  City. 

COUNTY  OF  NEW  YORK.  /  SS-  ' 

Lawrence  Wood,  Simon  R.  Prince,  and  Herman  Osborne, 
being  each  for  himself  severally  duly  sworn,  do  depose  and  say, 
that  they  are  the  defendants  in  the  above  entitled  action  ;  that 
the  foregoing  answer  is  true  to  their  own  knowledge,  except  as 
to  the  matters  therein  stated  to  be  alleged  on  information  and 
belief,  and  that  as  to  those  matters  they  believe  it  to  be  true. 
Subscribed  and  sworn  to  before  me 
this  day  of  1909. 


20  Legal  Forms 

6 

Learn  to  distinguish  and  recognize  legal  documents  by  their  form. 

Complaints  and  Answers  begin  with  an  Introduction,  end  with  a  Prayer, 
and  have  a  Verification  attached. 

Affidavits  (sworn  statements)  begin  with  a  Venue,  and  end  with  a  Jurat. 

(AFFIDAVIT  TO  OBTAIN  AN   ORDER  REFERRING 
THE    ISSUES) 

(See  pages  22,  24.) 

SUPREME  COURT 
COUNTY  OF  NEW  YORK. 


ELIAS  LYNCH, 

Plaintiff, 
vs. 
MICAH  DOYLE, 

Defendant. 


STATE  OF  NEW  YORK, 
COUNTY  OF  NEW  YORK. 

ELIAS  LYNCH,  being  duly  sworn,  says  : 

I.  That  he  is  the  plaintiff  in  the  above  entitled  action,  and 
that  an  issue  of  fact  has  been  joined  therein. 

II.  That    said    action    is    brought    to    recover    for   services 
rendered  by  deponent  for  the  defendant  as  his  agent  in  the  sale 
of  county  rights  to  manufacture  and  vend  a  certain  patented 
device,  and  also  for  moneys  paid,  laid  out,  and  expended  by 
deponent  for  the  defendant,  at  his  request. 

III.  That  the  defendant  by  his  answer  admits  the  existence 
of  the  agency,  but  denies  that  services  were  rendered  by  deponent 
to  the  extent  and  of  the  value  set  forth  in  the  complaint ;   and 
also  sets  up  a  counter-claim  for  goods  alleged  to  have  been  sold 
and  delivered  to  deponent  by  the  defendant  during  the  times 
mentioned  in  the  complaint,  which  counter-claim  is  put  in  issue 
by  the  reply  herein. 


Legal  Forms  21 


IV.  That  the  trial  of  the  action  will  require  the  examination 
of  a  long  account  on  the  side  of  both  plaintiff  and  defendant 
covering  a  period  of  over  six  years ;    that  the  account  of  the 
plaintiff  consists  of  more  than  75  items  ;    and  the  defendant's 
demand   as  set   forth  in  the  bill  of  particulars  served  herein 
consists  of  more  than  25  items. 

V.  That  in  view  of  the  length  of  time  necessarily  involved 
in  the  examination  of  these  accounts,  a  reference  is  necessary. 


Subscribed  and  sworn  to  before  me 
this  day  of  November,  1909. 


No  Verification  is  attached  to  an  Affidavit. 

Affidavits  may  be  arranged  in  numbered  paragraphs,  or  in  one  continuous 
paragraph,  the  sentences  being  set  off  from  one  another  by  semicolons, 
as  in  the  form  on  page  28. 

An  Affidavit  may  be  drawn  in  the  first  or  the  third  person  (see  pages 
22,  24). 


Legal  Forms 


(AFFIDAVIT  OF   ATTORNEY  FOR   AN   ACCOUNTING 
EXECUTOR) 

1  SURROGATE'S  COURT, 
COUNTY  OF  NEW  YORK. 


In  the  Matter 

of 
The  Final  Judicial  Settlement  of  the 

Account  of  SAMUEL  W.  JAMES  as 
Executor  of  ROBERT  WILSON,  Deceased. 


CITY  AND  COUNTY  OF  NEW  YORK,  ss.  : 

John  M.  Vane,  being  duly  sworn,  saith  : 

That  he  is  one  of  the  Attorneys  for  the  accounting  Executor 
herein,  and  that  the  annexed  bill  of  costs  contains  the  items  and 
costs  and  disbursements  to  which  the  accounting  Executor 
deems  himself  entitled  at  the  time  of  the  settlement  of  the  decree 
herein  for  counsel  fees  and  disbursements.  That  all  of  the 
disbursements  therein  set  forth  have  been  actually  made  by  the 
deponent's  firm  as  the  Attorneys  for  the  said  Executor,  and 
have  been  necessary  for  the  purposes  of  said  accounting,  and  in 
order  to  furnish  the  fullest  possible  information  relative  to  the 
accounts  to  all  parties  in  interest. 

Deponent  also  further  saith,  that  the  said  accounting 
Executor,  and  said  firm  of  Vane  &  Harris,  as  his  said  Attorneys, 
claim  a  further  allowance  of  Two  hundred  and  fifty  dollars 
($250.),  under  the  provisions  of  Section  2562  of  the  Code,  namely, 
for  more  than  twenty-five  days  occupied  in  the  trial  and  neces- 
sarily occupied  in  preparing  the  account  of  said  Executor  for 
settlement  and  otherwise  preparing  for  the  trial.  That  the 
number  of  days  and  parts  of  days  actually  occupied  in  such 
preparation  of  the  account  for  settlement,  and  preparation  for 
the  trial  and  the  hearing  of  the  trial,  has  been  more  than  forty, 
as  deponent  verily  believes,  but  that  deponent  only  makes  claim 
for  an  allowance  for  twenty-five  days. 

1  Surrogate,  "  In  some  states  of  the  United  States,  an  officer  who  presides  over  the  probate 
of  wills  and  testaments,  and  over  the  settlement  of  estates." 


Legal  Forms  23 

Deponent  further  saith  that  amongst  the  days  necessarily 
occupied  as  aforesaid,  and  the  time  occupied  on  each  day  in  the 
rendition  of  the  services,  and  their  nature  and  extent  in  detail 
are  as  follows  : 


February  16th  . 

17th  . 

20th  . 

27th  . 

28th  . 

March  1st  . 

2nd  . 

3rd  . 

5th  . 

6th  . 


2  hours 

2 

2 

2 

3 

7 

4 

2 

3 

3 


Deponent  further  saith  as  to  the  nature  and  extent  of  such 
services,  that  they  involved  the  preparation  of  the  original 
petition,  the  procuring  of  orders  of  publication,  and  the  service 
of  a  number  of  the  parties  in  interest  by  publication  ;  the 
preparation  of  an  elaborate  account  showing  the  expenditure 
and  disbursement  of  over  $270,000  ;  the  putting  of  said  account 
in  legal  form  and  shape  ;  the  drawing  of  decree  ;  consultations 
with  numerous  parties  interested  in  said  estate,  and  sundry 
attendances  in  Court. 


Sworn  to  before  me  this 
3rd  day  of  May,  1909. 


Joseph  Smith, 

Notary  Public, 

N.  Y.  County,  N.  Y. 


24  Legal  Forms 

8 

Affidavits   are    sometimes    drawn    in    the    first    person.      Note    the 
following — 

(AFFIDAVIT  OF  AN   ACCOUNTANT) 
CITY  COURT  OF  NEW  YORK. 

FLANNAGAN 

vs. 
DINNEGAN,  et  al.* 

CITY  AND  COUNTY  OF  NEW  YORK,  ss.  : 

JAMES  A.  GEARY,  being  duly  sworn,  deposes  and  says  : 
I  am  forty-nine  years  of  age,  reside  in  the  City  of  Plainfield, 
New  Jersey,  have  an  office  at  No.  57  Cedar  Street,  in  New  York 
City,  and  am  a  professional  accountant  and  expert.  On 
September  25th,  1905,  at  the  request  of  Waldridge,  Smith  & 
Jones,  Attorneys,  No.  25  North  Avenue,  Plainfield,  New  Jersey, 
I  attended  at  the  office  of  Runyon,  Moody  &  Co.,  No.  44  East 
6th  Street,  Plainfield,  New  Jersey,  to  confer  with  William  L. 
Moody,  of  that  firm,  and  to  examine  their  books  of  account. 
The  object  of  the  examination  was  to  ascertain  just  how 
the  business  appeared  to  stand,  as  recorded  in  the  books  of 
account,  in  order  to  facilitate  Mr.  Humphrey  Davey,  of  New 
York  City,  in  reaching  a  decision  as  to  whether  he  would  become 
a  purchaser  of  the  business  and  at  what  price.  Mr.  Moody  and 
Mr.  Runyon,  both  members  of  the  firm  of  Runyon,  Moody  &  Co., 
were  present  at  the  said  interview.  With  the  consent  of  said 
Moody  I  examined  the  books  of  account  of  the  said  copartnership 
of  Runyon,  Moody  &  Co.,  occupying  a  portion  of  September  12, 
also  September  14th  thereon.  I  made  a  written  report  of  my 
examination  to  the  said  Waldridge,  Smith  &  Jones,  and  submitted 
therewith  a  statement  of  the  accounts.  A  copy  of  said  statement 
is  hereto  annexed,  marked  Exhibit  "  A,"  and  a  copy  of  the  said 
report  is  hereto  annexed,  marked  Exhibit  "  B."  Both  of  said 
statements  were  prepared  by  me,  and  are  in  every  respect 
truthful  and  correct  as  shown  by  the  said  books  of  said  firm.  I 
made  an  examination  of  the  books  of  account  of  the  preceding 
firm  of  Runyon,  Mason  &  Co.  for  the  purpose  of  testing  their 
correctness,  but  I  prepared  the  said  report  and  the  said  statement 
from  the  books  as  they  now  stand,  upon  the  assumption  that  all 
the  entries  therein  were  honestly  and  fairly  made. 
Subscribed  and  sworn  to  before  me\ 
this  day  of  August,  1909.  J 

The  two  Exhibits  mentioned  in  the  foregoing  Affidavit  should  be  bound 
in  the  same  cover  with  the  latter. 

1  et  al.  —  and  another. 


Legal  Forms  25 


Though  Affidavits  are  largely  used  in  the  trial  of  suits,  they  may  be 
employed  outside  of  Court.  When  so  used  they  have  no  caption  or  title, 
merely  beginning  with  the  venue. 


(AFFIDAVIT  OF  MORTGAGOR) 


CITY  AND  COUNTY  OF  NEW  YORK,  ss. : 

THOMAS  FLYNN,  being  duly  sworn,  says  :  I  am  the  mort- 
gagor named  in  the  annexed  mortgage,  and  I  reside  at  No.  205 
East  25th  Street,  in  the  City  of  New  York. 

I  am  the  sole  owner  of  all  the  Chattels  and  Fixtures  named 
in  the  Schedule  annexed  to  the  said  mortgage  and  now  in  my 
saloon  in  the  premises  known  as  No.  10  Division  Street. 

That  the  said  Chattels  and  Fixtures  are  free  and  clear  of  all 
manner  of  liens  and  incumbrances,  and  thai  no  other  person  or 
persons  have  any  right,  title  or  interest  in  the  said  Chattels  and 
Fixtures. 

That  no  levy  has  been  made  upon  the  said  Chattels  and 
Fixtures  by  any  Marshal  or  Sheriff  of  the  said  City  and  County  of 
New  York  by  virtue  of  any  writ  of  execution  or  attachment. 

That  this  affidavit  is  made  for  the  benefit  of  Steinam  & 
Miller,  who  will,  relying  upon  the  faith  of  the  representations 
herein  contained,  accept  the  said  mortgage  as  security  of  my 
indebtedness  to  them  in  the  sum  of  Five  hundred  dollars  ($500.). 


Sworn  to  before  me  this  ^ 
day  of  July,  1909.. 


Notary  Public,  N.  Y.  Co. 


26  Legal  Forms 

10 

(AFFIDAVIT   REQUESTING   LEAVE  TO  AMEND 
COMPLAINT) 

SUPREME  COURT 
OF  THE  CITY  OF  NEW   YORK. 


MARY  A.  MOORE  and  ALBERT  H.  MOORE, 
her  husband, 

Plaintiffs, 

against 

JOHN  WILLIAMSON, 

Defendant. 


CITY  AND  COUNTY  OF  NEW  YORK,  ss.  : 

JAMES  BALDWIN,  being  duly  sworn,  deposes  and  says  : 

I  am  the  attorney  for  the  plaintiffs  herein.     On  or  about  the 

day  of  March,  1910,  I  drafted  the  complaint  in  the 

above  entitled  action,  a  copy  of  which  has  been  duly  filed  with 

the  clerk  of  this  Court,  and  served  upon  the  attorney  for  the 

defendant  herein. 

At  the  time  of  drawing  such  complaint,  we  had  information 
which  we  verily  believed  to  be  accurate  concerning  the  allegations 
contained  in  the  First  Paragraph  of  said  complaint.  These 
allegations  have  since  been  found  to  be  somewhat  incorrect,  and 
while  not  materially  affecting  the  result  of  the  action,  we  deem 
it  necessary  to  have  the  complaint  conform  in  all  respects  to  the 
entire  truth  ;  and  it  is  therefore  desired  that  an  order  be  issued 
granting  permission  to  the  plaintiffs  to  so  amend  their  complaint 
as  to  be  in  all  respects  accurate  and  true. 

Sworn  to  before  me  this  *; 
day  of  March,  1910. 


Legal  Forms  27 


II 

Affidavits  frequently  accompany  Orders  of  the  Court  directing  a  certain 
action  to  be  taken.  In  such  cases  the  Affidavit  and  Order  are  bound 
together  in  the  same  back,  the  Order  coming  first. 


(SPECIAL  TERM  ORDER) 

At  a  Special  Term  of  the  Supreme  Court  of 
the  City  and  County  of  New  York,  held 
at  the  County  Court  House,  in  said  City, 
this  day  of  March,  1910. 

PRESENT  : 

Hon. 


Justice. 


MARY  A.  MOORE  and  ALBERT  H.  MOORE, 
her  husband, 

against        Plaintiffs, 
JOHN  WILLIAMSON, 

Defendant. 


Upon  reading  the  annexed  affidavit  of  James  Baldwin, 
attorney  for  the  plaintiffs  herein,  and  upon  all  the  papers  in  this 
action,  it  is 

ORDERED  that  the  plaintiffs  have  ten  days  in  which  to 
amend  their  complaint,  as  requested  in  said  affidavit,  upon 
payment  of  Ten  Dollars,  cost  of  filing  same. 


This  Order  to  be  bound  up  in  the  same  back  with  the  Affidavit,  and 
endorsed  with  the  title  and  the  words,  "  AFFIDAVIT  AND  ORDER." 


28  Legal  Forms 

12 

(AFFIDAVIT  FOR  A  COMMISSION  TO  EXAMINE   A 
WITNESS  WITHOUT  THE  STATE  ON 
INTERROGATORIES) 

N.  Y.  SUPREME  COURT. 


WILLIAM  S.  JACKSON, 

Plaintiff, 
against 
ROGER  BLOODGOOD, 

Defendant. 


STATE  OF  NEW  YORK,     1 

j-  ss.  : 
COUNTY  OF  NEW  YORK.  ) 

ROGER  BLOODGOOD,  being  duly  sworn,  says,  that  he  is  the 
defendant  in  the  above  entitled  action  ;  that  the  place  of  trial 
specified  in  the  summons  and  complaint  therein  is  the  county  of 
New  York ;  that  an  issue  of  fact  was  joined  therein  on  the 
29th  day  of  September,  1909,  and  has  not  been  tried  ;  that  the 
testimony  of  James  Knight  is  material  to  deponent  in  the  defense 
of  this  action  ;  that  the  said  James  Knight  is  not  a  resident  of, 
or  within,  this  State,  but  resides  at  Chicago,  in  the  State  of 
Illinois ;  that  deponent  has  fully  and  fairly  stated  the  case  to 
Jefferson  White,  Esq.,  deponent's  counsel  in  this  action,  who 
resides  at  the  City  of  New  York,  Borough  of  Manhattan,  and 
that  deponent  is  advised  by  his  said  counsel,  and  verily  believes, 
that  he  has  a  good  and  substantial  defense  upon  the  merits  ; 
that  deponent  has  also  stated  to  his  said  counsel  the  facts  which 
he  expects  to  prove  by  the  said  James  Knight,  and  that  deponent 
is  advised  by  his  said  counsel  after  such  statement  made,  and 
verily  believes,  that  the  testimony  of  the  said  James  Knight  is 
material  to  deponent  in  the  defense  of  this  action. 

Sworn  to  before  me  thisl 
day  of          ,  1909.    j 


Legal  Forms  29 

13 

(ORDER  FOR  A  COMMISSION  TO  EXAMINE  A  WITNESS 
ON   INTERROGATORIES) 

This  Order  accompanies,  and  is  bound  up  with,  the  foregoing 
Affidavit. 

N.  Y.  SUPREME  COURT. 


WILLIAM  S.  JACKSON, 

against  Plaintiff, 

ROGER  BLOODGOOD, 

Defendant. 


On  reading  and  filing  the  affidavit  of  Roger  Bloodgood, 
dated  the  day  of  ,  making  satisfactory  proof 

that  the  testimony  of  James  Knight,  a  witness  not  within  this 
State,  is  material  to  the  defendant  in  the  defense  of  the  above 
entitled  action,  and  on  the  pleadings  and  proceedings  in  said 
action,  and 

On  Motion  of  Jefferson  White,  Esq.,  of  counsel  for  the 
defendant,  after  hearing  John  Spencer,  Esq.,  of  counsel  for  the 
plaintiff, 

ORDERED,  that  a  commission  issue  out  of  and  under  the 
seal  of  this  Court,  directed  to  Lincoln  Taylor,  Esq.,  of  Chicago, 
Illinois,  authorizing  him  to  examine  the  said  James  Knight  under 
oath,  upon  interrogatories  annexed  thereto,  to  take  and  certify 
the  deposition  of  said  witness,  and  to  return  the  same  and  the 
commission  according  to  the  directions  given  therein  or  therewith. 

AND  IT  IS  FURTHER  ORDERED,  that  the  trial  of  this 
action  be  stayed  until  the  return  of  said  commission  ;  and  that 
the  defendant  pay  to  the  plaintiff  $10  as  the  cost  of  this  motion. 


(Judge's  Signature.) 


30  Legal  Forms 


14 


(COMMISSION    TO    EXAMINE    WITNESS    UPON 
INTERROGATORIES) 


THE  PEOPLE  OF  THE  STATE  OF  NEW  YORK, 
To  Lincoln  Taylor,  Esq.,  of  Chicago,  111. 

GREETING : 

KNOW  Ye,  that  we,  with  full  faith  in  your  prudence 
and  fidelity,  have  appointed  you  commissioner,  and  by  these 
presents  do  authorize  you  to  examine  James  Knight,  of  Chicago, 
State  of  Illinois,  as  a  witness  in  a  cause  pending  in  our  Supreme 
Court,  wherein  William  S.  Jackson  is  plaintiff,  and  Roger  Blood- 
good  is  defendant,  in  behalf  of  the  defendant,  under  oath,  upon 
the  interrogatories  annexed  to  this  commission  ;  to  take  and 
certify  the  deposition  of  such  witness ;  and  to  return  the  same 
and  this  commission  according  to  the  directions  herewith  given. 

WITNESS,  Hon.  one  of  the 

Justices  of  our  Supreme  Court,      (1L.  S.)     at 
the  day  of  ,  1909. 


(Signature  of  Attorney.)  (Signature  of  Clerk. 


1  L.S.— Place  of  the  Seal. 


Legal  Forms  31 


N.  Y.  SUPREME  COURT. 


WILLIAM  S.  JACKSON, 

Plaintiff, 
against 
ROGER  BLOODGOOD, 

Defendant. 


INTERROGATORIES  to  be  administered  to  James  Knight, 
of  Chicago,  a  witness  to  be  examined  under  the  annexed 
commission,  on  behalf  of  the  defendant  in  the  above  entitled 
action. 

First  Interrogatory :  What  is  your  name,  age,  occupation, 
and  place  of  residence  ? 

Second  Interrogatory :  Do  you  know  the  defendant  in  this 
action,  and  if  so,  how  long  have  you  known  him  ? 

Third  Interrogatory :  Do  you  know  Thomas  Rogers,  and  if 
so,  do  you  know  under  what  firm  name  he  does  business  ? 

Fourth  Interrogatory :  When  and  where  did  you  first  meet 
Thomas  Rogers  ? 

Fifth  Interrogatory :  Did  you,  at  the  time  and  place  men- 
tioned in  your  last  answer,  take  part  in  any  conversation  with 
the  said  Thomas  Rogers,  and  if  so,  was  there  any  person  present 
at  such  conversation  ? 

Sixth  Interrogatory :  If,  in  answer  to  the  last  interrogatory, 
you  say  that  you  did  engage  or  take  part  in  a  conversation  with 
the  said  Thomas  Rogers,  please  state  what  was  said  by  him 
and  you,  and  by  any  other  person  who  was  present  at  such 
conversation,  and  also  state  what  took  place  at  the  time  of  such 
conversation. 

Lastly :  Do  you  know  anything  concerning  the  matter  in 
question  that  may  tend  to  the  benefit  and  advantage  of  the 
defendant  ?  If  yea,  declare  the  same  fully  and  at  large,  as  if 
you  had  been  particularly  interrogated  concerning  the  same. 


(Signature  of  Attorney.} 


32  Legal  Forms 


16 


(CROSS-INTERROGATORIES  TO  BE  ATTACHED  TO 
THE  FOREGOING  INTERROGATORIES) 

First  Cross-Interrogatory :  If,  in  answer  to  the  First  Inter- 
rogatory, you  state  that  you  live  in  the  City  of  Chicago,  State  of 
Illinois,  please  say  how  long  you  have  lived  there,  and  if  you  were 
a  resident  of  Chicago  prior  to  the  commencement  of  this  action. 

Second  Cross-Interrogatory :  If,  in  answer  to  the  Second 
Interrogatory,  you  state  that  you  know  the  defendant  in  this 
action,  please  state  where  and  under  what  circumstances  you 
first  met  him,  and  how  intimately  you  have  been  acquainted  with 
him. 

Third  Cross-Interrogatory :  If,  in  answer  to  the  Third 
Interrogatory,  you  state  that  you  know  Thomas  Rogers,  please 
give  a  full  and  detailed  account  of  the  circumstances  under  which 
you  first  met  the  said  Rogers,  and  what  business  relations  you 
have  had  with  him. 

Fourth  Cross-Interrogatory :  If,  in  answer  to  the  Fifth 
Interrogatory,  you  state  that  you  did,  at  the  time  and  place 
mentioned  in  your  answer  to  the  Fourth  Interrogatory,  take 
part  in  any  conversation  with  the  said  Thomas  Rogers,  please 
give  the  names  of  all  persons  present  at  such  conversation,  and 
give,  so  far  as  you  can  remember,  any  statements  made  by  them 
to  you,  and  the  subject  of  said  conversation. 

Fifth  Cross-Interrogatory :  If,  in  answer  to  the  last  Interro- 
gatory, you  state  that  you  do  not  know  anything  further  that 
may  tend  to  the  benefit  and  advantage  of  the  defendant,  kindly 
state  what  you  may  know  that  you  consider  of  benefit  and 
advantage  to  the  plaintiff  in  this  action. 


(Signature  of  Plaintiff's  Attorney.) 


Legal  Forms  33 

17 

DEPOSITION  OF  JAMES   KNIGHT 

Based  upon  Interrogatories  and  Cross-Interrogatories 

administered  in  the  matter  at  issue  between 

William  S.  Jackson  and  Roger  Bloodgood. 

N.    Y.   SUPREME  COURT. 


WILLIAM  S.  JACKSON, 

against  Plaintiff, 

ROGER  BLOODGOOD, 

Defendant. 


DEPOSITION   OF  JAMES   KNIGHT 

CITY  OF  CHICAGO,      ] 
COUNTY  OF  COOK,      [     ss. : 
STATE  OF  ILLINOIS.    ) 

JAMES  KNIGHT,   a  witness  summoned  on  behalf  of  the 

defendant  in  the  above  entitled  action,  having  been  first  duly 

sworn  in  answer  to  the  Interrogatories  and  Cross-Interrogatories 

attached  herewith,  deposeth  as  follows  : 
To  the  First  Interrogatory  witness  deposeth  and  saith  : 
My  name  is  James  Knight,  I  am  twenty-nine  years  of  age, 

my  occupation  is  that  of  book-keeper,  and  I  live  at  99  East  47th 

Street,  Chicago,  Illinois. 

To  the  Second  Interrogatory  witness  deposeth  and  saith  : 
I  know  the  defendant  in  this  action,  and  have  known  him 

for  about  six  years. 

To  the  Third  Interrogatory  witness  deposeth  and  saith  : 

I  also  know  Thomas  Rogers,  and  I  believe  he  does  business 

under  the  firm  name  of  Rogers  Brothers. 
To  the  Fourth  Interrogatory  witness  deposeth  and  saith : 
I  first  met  Thomas  Rogers  in  the  summer  of   1904  at  Salt 

Lake  City. 

To  the  Fifth  Interrogatory  witness  deposeth  and  saith  : 
I   did  engage  in  conversation  with  Thomas  Rogers  at  the 

time  and  place  mentioned  in  my  last  answer,  but  there  was  no 

one  else  present  at  the  time. 

To  the  Sixth  Interrogatory  witness  deposeth  and  saith  : 
I  do  not  remember  what  was  said  by  said  Thomas  Rogers 

or  by  myself  at  such  conversation,  and,  as  I  have  already  stated 

3— <4°3) 


34  Legal  Forms 


that  there  was  no  one  else  present,  I  cannot  therefore  state 
what  was  said  by  any  other  person  at  that  time.  As  to  what 
took  place,  I  would  state  that  after  having  talked  together  for 
some  time,  we  went  down  Brigham  Young  Avenue  and  had 
a  drink  together. 

To  the  last  Interrogatory  witness  deposeth  and  saith : 
I  have  already  stated  all  that  I  know  concerning  the  matter 
in  question. 

ANSWER  TO  CROSS-INTERROGATORIES 

To  the  First  Cross-Interrogatory  witness  deposeth  and 
saith  : 

I  have  lived  in  Chicago  for  about  ten  years,  and  was  a  resident 
of  that  city  prior  to  the  commencement  of  this  action. 

To  the  Second  Cross-Interrogatory  witness  deposeth  and 
saith  : 

I  first  met  the  defendant  in  this  action  about  fourteen  years 
ago  at  my  sister's  wedding  in  Buffalo,  New  York,  and  at  that 
time  I  was  in  partnership  with  him. 

To  the  Third  Cross-Interrogatory  witness  deposeth  and 
saith  : 

I  have  already  stated  all  I  remember  of  the  circumstances 
under  which  I  first  met  Thomas  Rogers.  I  never  have  had  any 
business  relations  with  him. 

To  the  Fourth  Cross- Interrogatory  witness  deposeth  and 
saith  : 

There  were  no  other  persons  present  at  the  time  and  place  of 
my  first  conversation  with  Thomas  Rogers. 

To  the  Fifth  Cross-Interrogatory  witness  [deposeth  and 
saith : 

I  know  of  nothing  whatever  that  may  tend  to  the  benefit 
or  advantage  of  the  plaintiff  in  this  action. 

Subscribed  and  sworn  to  before  me,  ' 
a  Commissioner  of  Deeds  in  and 
for  the  County  of   Cook,  State  of 
Illinois,  this  day  of  1909. 


(Signature  of  witness.} 


Legal  Forms  35 

18 

(SPECIAL  TERM   ORDER) 

In  New  York  County  all  Special  Term  Orders  begin  with  a  "  Hanging 
Indenture."  They  may  thus  be  easily  distinguished  from  Stated  Term 
Orders,  which  begin  with  the  Caption. 

'At  a  Special  Term  of  the  Supreme  Court, 
held  at  the  County  Court  House  in  the 
City  of  New  York,  County  of  New  York, 
on  the  day  of  ,  1909. 

PRESENT : 

Hon.  

Justice. 


WALTER  BLISS, 

Plaintiff, 
vs. 
CHARLES  BRISK, 

Defendant. 


On  reading  and  filing  the  affidavit  of  Charles  Brisk,  dated 
the  day  of  ,  1909,  making  satisfactory  proof 

that  one  or  more  witnesses  not  within  this  State  are  material 
and  necessary  in  the  defense  of  this  action,  and  on  the  pleadings 
and  proceedings  in  this  action,  and  on  proof  of  due  service  of  the 
annexed  notice  of  motion,  with  a  copy  of  said  affidavit,  and 
after  hearing  Paul  James,  Esq.,  of  counsel  for  the  defense,  and 
Richard  Levy,  Esq.,  of  counsel  for  the  prosecution, 

NOW,  on  motion  of   Alexander  Hudson,  Esq.,  counsel   for 
the  defense, 

ORDERED,  that  the  deposition  of  each  and  every  witness 
who  may  be  produced  by  either  party  to  this  action  within 
days  from  the  date  hereof,  at  a  time  and  at  a  place  within 
the  State  of  New  Jersey  to  be  specified  in  a  written  notice  served 
on  the  part  of  the  defense  upon  the  attorney  for  the  plaintiff, 
at  least  days  before  the  examination,  be  taken  before 

Hon.  Gedney  G.  Haynes,  of  the  City  of  Newark,  State  of  New 
Jersey,  aforesaid,  upon  oral  questions  to  be  put  to  the  witness 
when  produced ;  that  such  depositions  be  taken  within 
days  from  the  date  hereof,  and  that  the  said  Gedney  G.  Haynes 
take  and  certify  the  deposition  of  each  witness,  and  return  the 
same  with  this  order  pursuant  to  law. 


(Signature  of  Presiding  Justice.) 


36  Legal  Forms 

19 

NOTICES 


(NOTICE  OF  TRIAL) 
NEW  YORK  SUPREME  COURT. 


JULIA  HACKETT, 

vs.  Plaintiff, 

FRANK  R.  MERRILL  et  al., 

Defendants 


SIR: 

TAKE  NOTICE  that  this  action  will  be  brought  to  trial  at 
the  next  term  of  this  court  to  be  held  at  the  County  Court  House 
in  the  City  of  New  York,  in  the  County  of  New  York,  Borough 
of  Manhattan,  on  the  12th  day  of  January,  1910. 

Yours,  etc., 

Tunison  Blake, 
Attorney  for  Plaintiff, 
Office  and  P.O.  Address, 
29  Broadway,  N.  Y.  City. 

To 

Patrick  Cowan,  Esq., 

Attorney  for  the  Defendants. 


Legal  Forms  37 

T~ 

20 

(NOTICE  TO  PRODUCE  PAPERS  AT  TRIAL) 

NEW  YORK  SUPREME  COURT. 


MARY  CLAYTON, 

vs.  Plaintiff, 

SIDNEY  CUTTING, 

Defendant. 


SIR: 

PLEASE  TAKE  NOTICE  that  you  are  hereby  required  to 
produce  upon  the  trial  of  this  action  a  certain  Deed  from  Sidney 
Cutting  to  Mary  Clayton,  dated  May  15th,  1904,  and  that  in  case 
of  your  failure  so  to  do,  the  plaintiff  will  give  secondary  evidence 
of  the  contents  thereof. 


Plaintiff's  Attorney. 
New  York,  November  20th,  1909. 


To 

Sidney  Cutting,  Defendant,  and 

Edward  Davis,  Attorney  for  the  Defendant. 


448387 


38  Legal  Forms 

21 

(PETITION  FOR  SETTLEMENT   OF  ESTATE) 

SURROGATE'S   COURT. 


In  the  Matter 

of  the 
Disposition 

of  the 
Real  Estate  of  JOHN  BROWN, 

Deceased. 


To  THE  SURROGATE'S  COURT  OF  THE 
COUNTY  OF  WESTCHESTER. 

The  Petition  of  Mary  Brown  respectfully  shows  and  states  : 

FIRST.  That  your  petitioner  is  the  original  petitioner  in 
this  proceeding,  and  is  the  Administratrix  of  the  goods,  chattels, 
and  credits  of  John  Brown,  deceased. 

SECOND.  That  this  proceeding  is  now  still  pending  in  this 
Court,  and  the  proceeds  of  the  sale  directed  by  this  Court,  by 
decree  dated  December  19th,  1908,  have  not  yet  been  dis- 
tributed, but  notice  of  the  disposition  of  the  proceeds  has  been 
given  and  is  now  being  published  according  to  law,  and  according 
to  an  order  of  this  Court  made  for  that  purpose. 

THIRD.  That  there  is  a  balance  still  in  the  hands  of  the 
County  Treasurer,  awaiting  an  order  of  this  Court,  and  that  the 
said  balance  is  available  for  the  purposes  of  this  proceeding,  to 
pay  the  debts  of  the  said  John  Brown,  deceased,  under  section 
245  of  the  Code  of  Civil  Procedure. 

WHEREFORE,  your  petitioner  prays  an  order  of  this  Court, 
directing  the  said  Treasurer  of  the  County  of  Westchester  to  pay 
over  to  Samuel  Brown  whatever  balance  he  now  holds  to  the 
credit  of  said  action  in  the  Surrogate's  Court,  wherein  Samuel 
Brown  was  plaintiff  and  John  Brown  defendant,  and  that  the 
said  Samuel  Brown  hold  the  said  balance  subject  to  the  decree 
of  distribution  of  this  Court,  and  that  this  petitioner  may  have 
such  other  or  further  relief  as  may  be  just. 


Legal  Forms  39 


STATE  OF  NEW  YORK, 
COUNTY  OF  WESTCHESTER. 


Mary  Brown,  being  duly  sworn,  says,  that  she  has  read  the 
foregoing  petition  and  knows  the  contents  thereof  ;  that  the  same 
is  true  of  her  own  knowledge,  except  as  to  the  matters  therein 
stated  to  be  alleged  upon  information  and  belief,  and  as  to  those 
matters  she  believes  it  to  be  true. 


Sworn  to  before  me  this 
day  of  March,  1910. 


Note  that  a  Petition  has  a  verification  attached,  the  same  as  a  Complaint 
and  Answer. 


40  Legal  Forms 


22 

(CONSENT  TO  RECEIVE  A  GROSS  SUM  IN  LIEU  OF 

DOWER) 

1  SURROGATE'S  COURT, 
COUNTY  OF  NEW  YORK. 


HANNAH  R.  ELLIS, 

against  Plaintiff, 

MARK  GIBSON  and  RALPH  Cox, 
as  Executors  of  the  Estate  of 
JOHN  ELLIS,  deceased, 

Defendants. 


I,  Hannah  Ellis,  the  plaintiff  in  the  above  entitled  action, 
pursuant  to  section  1617  of  the  Code  of  Civil  Procedure,  do 
hereby  consent  to  accept  a  gross  sum  to  be  ascertained  according 
to  law,  in  full  satisfaction  and  discharge  of  my  right  of  dower2 
in  the  real  property  described  in  the  complaint  in  this  action. 

Dated,  New  York,  October  12th,  1909. 

(Signature  of  Plaintiff.) 

( 3  STATE  OF  NEW  YORK,  \ 
COUNTY  OF  NEW  YORK./SS' 

On  this  twelfth  day  of  October,  in  the  year  1909,  before  me, 
the  subscriber,  personally  came  Hannah  Ellis,  to  me  known, 
and  known  to  me  to  be  the  person  described  in  and  who 
executed  the  within  instrument,  and  acknowledged  that  she 
executed  the  same. 


(Signature  of  Officer.) 


1  Surrogate,  "  In  some  states  of  the  United  States  an  officer  who  presides  over  the  probate 
of  wills  and  testaments  and  over  the  settlement  of  estates."    Corresponds  to  Probate  Judge  in 
other  states. 

2  Dower,  "  That  portion  of  the  real  estate  of  a  man  which  his  widow  enjoy?  during  her  life, 
or  to  which  a  woman  is  entitled  after  the  death  of  her  husband."    Do  not  confuse  with  dowry 
(see  page  152). 

8  The  acknowledgment  should  be  memorized.    Observe  that  an  acknowledgment  has  no  jurat. 


Legal  Forms  41 


23 


(EXECUTOR'S  OATH) 


CITY,  COUNTY  AND  STATE  OF  NEW  YORK,  ss. 

SURROGATE'S  COURT, 
BOROUGH  OF  BROOKLYN. 


In  the  Matter 

of 
Proving  the  Last  Will  and  Testament  of 

ARTHUR  GREY,  deceased, 
as  a  Will  of  real  and  personal  property. 


I,  SPENCER  W.  THOMPSON,  an  executor  named  in  the  last 
Will  and  Testament  of  Arthur  Grey,  late  of  Garden  City,  Long 
Island,  deceased,  do  depose  and  say  : 

That  I  am  a  resident  of  No.  27  Saint  Mark's  Place,  in  the  City 
of  Brooklyn,  State  of  New  York,  that  I  am  over  twenty-one 
years  of  age,  and  that  I  will  well,  faithfully,  and  honestly  discharge 
the  duties  of  Executor  of  said  last  Will  and  Testament. 

Sworn  to  before  me  this     "| 
day  of  September,  1909  J 


42  Legal  Forms 


24 

INTRODUCING  EVIDENCE 


After  the  plaintiff's,  or  defendant's,  counsel  has  opened  his  case,  he 
proceeds  to  prove  the  facts  alleged  by  means  of  documentary  evidence, 
or  oral  testimony,  or  both. 

In  the  case  of  oral  testimony,  the  witness  must  be  placed  upon  the 
witness  stand  and  duly  sworn,  before  he  is  permitted  to  testify. 

The  taking  of  the  testimony  of  witnesses  by  a  law  stenographer  is  often 
done  in  his  employer's  office,  or  in  the  office  of  a  Referee  before  whom  his 
employer  is  conducting  a  case. 

Not  all  cases  are  tried  in  open  court.  When  it  is  found  that  a  protracted 
investigation  will  be  necessary,  it  is  often  agreed  by  counsel  that  some  reli- 
able and  competent  attorney,  not  in  any  way  connected  with  the  case, 
may  be  appointed  by  the  Court  and  named  as  the  Referee  to  hear  and 
determine  the  issues  involved,  and  report  his  decision  after  all  the  evidence 
has  been  submitted.  (See  page  59,  "  Judgment  for  Defendant  upon  Report 
of  a  Referee.")  A  case  tried  in  this  manner  is  termed  a  Reference. 

Occasionally  a  Reference  is  ordered  by  the  Court  of  its  own  motion,  or 
upon  the  application  of  one  party  without  the  consent  of  the  other. 

At  a  Reference  witnesses  are  examined  and  arguments  heard,  as  well 
as  motions  decided,  the  same  as  in  a  Court  Room. 

At  the  first  hearing,  the  appearances  of  the  counsel  for  plaintiff  and 
defendant  must  be  noted  by  the  stenographer,  as  well  as  the  name  and 
presence  of  the  Referee  ;  also  the  time  and  date  of  the  session,  as  shown 
below. 


Legal  Forms  43 


NEW   YORK  SUPREME  COURT. 


JOHN  P.  GREEN  et  al.,  BEFORE 

vs.  George  Harris,  Esq., 

ALBERT  McKiNNEY,  JR.  Referee. 


New  York,  April  15th,  1910. 
2.45  P.M. 


APPEARANCES  : 


Messrs.  Smith  and  Jones,  for  the  Plaintiffs,  W.  C.  Smith,  Esq., 
of  Counsel. 

Messrs.  Williams  and  Wallace,  for  the  Defendant,  L.  C.  Lyman, 
Esq.,  of  Counsel. 

The  Referee  states  that  he  has  taken  the  usual  oath. 

FREDERICK  TAYLOR,  sworn  as  a  witness  on  behalf  of  the 
plaintiffs,  testifies  as  follows  : 

DIRECT  EXAMINATION. 

BY  MR.   SMITH: 

(Here  follows  the  testimony.) 


At  subsequent  sessions  the  full  caption  need  not  appear.     Simply  write 
the  plaintiff's  and  defendant's  name,  with  vs.  between. 

At  all  sessions  after  the  first,  only  the  presence,  and  not  the  appearance, 
of  the  respective  counsel  is  noted. 


44  Legal  Forma 


For  example  : 

GREEN 
vs. 

McKlNNEY. 


New  York, 

April  18th,  1910. 
2.30  P.M. 

PRESENT : 

The  Referee  and  Respective  Counsel  (if  all  are  in  attendance,  otherwise 
name  each  one  who  is  present,  thus)  : 

PRESENT : 

MR.  SMITH,  of  Counsel  for  Plaintiff. 

MR.  WILLIAMS,  of  Counsel  for  Defendant. 

DIRECT  EXAMINATION  OF  MR.  TAYLOR,  continued. 

BY  MR.  SMITH  : 

(Here  insert  testimony.) 


NOTE. — When  taking  testimony,  the  stenographer  will  save  time  if, 
instead  of  writing  "  Question  "  and  "  Answer  "  in  shorthand  each  time, 
he  will  write  the  words  of  the  question  clear  across  the  page  of  his  note- 
book, and  the  answer  only  half  way  across,  thus  : 
What  is  your  name  ? 

John  Smith. 
Do  you  know  the  defendant  in  this  action,  Mr.  Jones  ? 

Yes,  sir,  he  was  a  partner  of  my 

father  for  a  great  many  years,  etc. 

Witnesses  have  a  great  habit  of  answering  a  question  in  the  exact  words 
in  which  it  was  asked.  For  instance,  instead  of  saying  merely  "  Yes,  sir  " 
to  the  question  "  Is  your  name  John  Smith  ?  "  a  witness  will  be  very 
likely  to  say  "  My  name  is  John  Smith."  In  such  cases  much  time  will 
be  saved  by  the  stenographer  if  he  will  indicate  the  answer  (instead  of 
actually  writing  it)  by  means  of  a  long  dash,  thus  : 
Were  you  a  member  of  that  firm  ? 

Yes,  sir. 
Of  the  firm  of  Jones   &  Brown  ? 

(Meaning  the  answer  to  be,  "  Of  the  firm  of 
Jones  &  Brown.") 

You  are  a  resident  of  the  City  and  County  of  New  York  ? 

I   am  


(Meaning  the  answer  to  be,  "  I  am  a  resident  of 
the  City  and  County  of  New  York.") 


Legal  Forms  45 

25 


Testimony  may  be  written  on  long  paper,  but  is  more  commonly  written 
on  square  paper,  which  is  ruled  not  only  down  the  sides,  but  across  the  top 
and  bottom.  Everything  but  the  paging  and  the  Q's  and  A's  must  be 
kept  within  the  red  lines.  Number  the  pages  in  the  upper  right-hand 
corner,  all  the  sessions  continuously  and  consecutively,  then  bind  in  a 
regular  testimony  cover  and  index  carefully,  showing  where  each  witness's 
testimony  direct,  cross,  redirect,  etc.,  begins. 

There  are  two  ways  of  writing  the  answers.  Some  prefer  them  written 
so  as  to  begin  at  the  margin  each  time,  with  the  letter  A,  as  well  as  the 
letter  Q,  outside  the  margin.  This  is  called  "  running  the  answers  out." 
Others  like  the  answers  to  follow  the  questions  directly.  This  is  called 
"  running  the  answers  in."  The  first  method  is  shown  on  page  45  (Taylor's 
testimony) ;  the  second  on  page  48  (Raymond's  testimony).  It  is  well 
to  learn  to  write  testimony  both  ways.  No  period  should  be  placed  after 
"  Q  "  or  "  A,"  the  red  line  taking  the  place  of  a  period. 


(TESTIMONY  OF  MR.   TAYLOR) 

Running  the  Answers  out. 

DIRECT   EXAMINATION    OF   MR.    TAYLOR,  continued : 
BY  MR.  SMITH: 

Q    Resuming  where  we  left  off,  Mr.  Taylor,  allow  me  to  ask,  was 

that  transaction  kept  quiet,  or  was  it  a  public  matter  ? 
A    No,  that  was  kept  quiet. 
Q     Is  it  required  that  all  your  corporate  members  should  hold 

a  bond  ? 

Objected  to.     Objection  overruled.     Exception. 
A    No,  sir. 

Q     There  are  some  of  the  corporate  members  who  do  not  ? 
A     Yes,  and  some  of  the  non-corporate  members  who  do  hold 

the  bonds.     We  only  draw  the  line  as  to  who  shall  become 

members. 

Q    As  to  who  shall  have  the  power  to  vote  ? 
A    As  to  who  shall  have  the  power  to  vote.     (Write  this  answer 

in  shorthand  as  directed  on  page  44.) 
Q    Then  material  men  holding  bonds  have  no  voice  nor  vote 

in  the  management  of  that  building  ? 
A    None  whatever. 

Q    Do  you  have  a  bondholder's  association  ? 
A    We  have  not. 


46  Legal  Forms 


Q    Then  you  exclude  a  part  of  the  owners  of  the  bonds  from  any 

control  of  the  building  ? 
A    Yes,  sir. 
Q     Corporate  members  that  paid  in  this  initiation  fee  of  $200 

are  not  responsible  for  any  loss  in  the  business  for  failure 

of  this  enterprise  any  further  than  the  money  they  paid  in  ? 
A    That's  all. 
Q     Limited  liability  ? 

Defendant's  counsel  objects  to  the  question. 
Objection  sustained.     Exception. 
Q     In  case  it  was  found  that  a  majority  of  the  corporate  members 

would  not  agree  to  this  investment,  is  it  practicable  to  start 

a  building  investment  company  in  the  Exchange,  composed 

of  a  limited  number,  for  the  purpose  of  putting  up  a  building  ? 
A    I  think  that  is  perfectly  feasible,  and  perfectly  just  and  right. 

I  think  they  would  have  a  perfect  right  to  do  just  as  they 

please  about  that  matter. 
Q    How  was  this  $20,000  that  you  found  yourself  in  possession 

of  accumulated  ?    That  was  the  result  of  the  purchase  of 

certificates  of  membership  ? 
A    Yes. 

Q    But  you  have  expenses  ? 
A    Yes,  but  we  made  money  every  year  over  and  above  our 

expenses. 

Q     Your  dues  were  more  than  sufficient  to  pay  expenses  ? 
A    Our  dues  were  more  than  sufficient  to  pay  expenses. 
Q    Do  the  $50  dues  now  pay  all  your  expenses  of  operating  the 

building  ? 
A    Yes,  and  more. 
Q    Is  any  of  the  money  collected  for  dues  used,  for  instance,  to 

pay  the  interest  on  the  bonds  or  apply  it  on  the  debt  ? 
A    It  goes  into  a  general  fund. 
Q    And  of  course  each  corporate  member  is  an  owner  equally 

in  the  building  ? 
A    Yes,  sir. 

Q    You  issued  bonds  to  $100,000  ? 
A     Yes,  sir, 
Q    Supposing  that  property  is  worth,  in  the  course  of  six  years, 

$200,000? 

A    Then  our  certificates  of  membership  would  increase  100  %. 
Q    That  is  not  the  point.     A  material  man  holding  some  of  these 

bonds,  holds  a   $1,000  bond,  and  the  property  is  worth 

$200,000.     Is  his  bond  only  worth  $1,000  ? 
A     Certainly.     That  is  the  nature  of  a  bond  all  the  time. 
Q    The  property  appreciates,  but  the  bond  never  appreciates  ? 


Legal  Forms  47 


A    The  bond  does  not,  but  the  certificate  of  membership  does. 

Q    But  suppose  he  can't  hold  a  certificate  of  membership  ? 

A    The  bond  is  his  bond.     He  only  puts  that  in  as  an  investment. 

He  gets  his  interest  on  it. 
Q    The  increment  to  the  property  inures  wholly  to  the  benefit  of 

the  corporate  members  ? 
A    Yes,  sir. 

CROSS   EXAMINATION   BY   MR.   WALLACE: 

Q  Do  I  understand  you  to  say  that  the  corporate  members  are 
stockholders  and  the  bondholders  are  but  the  backing  of  the 
institution  and  get  their  dividends  on  the  bonds  ? 

A.  Yes.  The  corporate  members  are  the  stockholders  and  the 
bondholders  are  the  backing  behind  the  stockholders. 
They  put  their  money  up  for  a  certain  percentage  of  dividends 
each  year.  That  property,  for  instance,  cost  $100,000.  If 
next  year,  by  some  extraordinary  coincidence,  that  property 
should  advance  in  value  to  $200,000,  a  certificate  of  member- 
ship which  to-day  is  worth  $250,  would  be  worth  $500 
then. 

Q  The  certificate  of  membership  bears  the  same  relation  as  a 
certificate  of  stock  ? 

A    Yes,  sir. 

Q    What  is  the  revenue  from  your  investment  at  present  ? 

A    That  would  be  rather  difficult  to  give. 

Q  Give  it  approximately,  so  that  we  can  see  what  interest  the 
bonds  would  pay  ? 

A    The  interest  is  fixed. 

ADJOURNED  to  Monday,  April  24th,  1910,  at  2.30  P.M. 


48  Legal  Forms 

26 

(TESTIMONY  OF  HENRY  RAYMOND.) 

NEW  YORK  SUPREME  COURT. 


HENRY  MACY  et  al., 


against 


Plaintiffs, 


CHARLES  STEWART, 


Defendant. 


BEFORE 

Henry R.  Taylor,  Esq., 
Referee. 


New  York, 

Tuesday,  March  23rd,  1910. 
2  P.M. 


APPEARANCES  : 


JOHN  R.  BRADY,  Esq.,  Attorney  for  Plaintiffs. 
MESSRS.  LEE  &  JACKSON,  Attorneys  for  Defendant. 
Oath  of  Referee  waived  by  consent  of  both  parties. 
HENRY    RAYMOND,   a  witness  called  on  behalf  of  the 
plaintiffs,  being  duly  sworn,  testified  as  follows  : 

DIRECT  EXAMINATION. 
BY  MR.  BRADY  : 

Q    You  are  the  book-keeper  of  Messrs  Macy  &  Co.,  the  plaintiffs  ? 

A    Yes,  sir,  I  was. 
Q    Did  you  ever  see  Mr.  Stewart,  the  defendant  herein,  in 

Mr.  Macy's  shop  ?      A    I  have  seen  Mr.  Stewart  before. 
Q     In  Mr.  Macy's  shop  ?      A     In  Mr.  Macy's  shop. 
Q    Did  you  hear  any  conversation  about  these  sashes  that  are 

spoken  of  ?      A     I  did. 
Q    What  was  said  ?      A    Mr.  Stewart  sent  us  a  letter  requesting 

that  the  sashes  should  be  sent  up.  that  they  were  needed. 

Mr.  Macy  then  said,  "  I  will  have  nothing  to  do  with  these 

parties." 
Q    Did  Mr.  Macy  tell  Mr.  Stewart  this,  that  you  were  telling 

just  now  ?      A    Yes,  sir. 


Legal  Forms  49 

CROSS  EXAMINATION. 
BY   MR.    JACKSON: 

Q     You  were  asked  a  moment  ago  if  Mr.  Macy  said  anything 

to  Mr.  Stewart  about  the  financial  responsibility  of  Palmer 

&  Smith.       A    Nothing  more  than  that. 
Q     I  understood  you  to  state  that  he  had  not  said  anything  in 

your  presence  ?      A    Only  that  he  did  not  consider  them 

responsible  enough  for  this  amount. 
Q    When  was  this  ?    That  was  after  the  contract  had  been 

made  ?      A    Certainly. 

BY   PLAINTIFF'S   COUNSEL: 

Q    Was  this  before  the  sash  was  delivered  ?      A    No,  sir,  not 
before  the  sash  was  delivered. 

BY    DEFENDANT'S    COUNSEL: 

Q    Not  before  the  sash  was  delivered  ?      A    No,  sir,  the  sashes 
had  not  been  delivered  at  that  time. 

BY  PLAINTIFF'S  COUNSEL  : 

Q    Were  you  present   after  the  note    was    protested,   when 
Mr.  Stewart  came  there  to  the  store  ?       A     I  was. 

ADJOURNED  to  Thursday,  March  28th,  1910,  at  2  P.M. 


4— (4°3) 


50  Legal  Forms 

27 

(BILL  OF  COSTS) 

NEW  YORK  SUPREME   COURT, 
CITY  AND  COUNTY  OF  NEW   YORK. 

JOHN  ALLEN  et  al., 

against 
DAVID  R.  LAWRENCE  et  al. 


-Costs  of  Plaintiffs. 


COSTS 

Costs  before  Notice  of  Trial $15.00 

„    after          „             „ 15.00 

Additional  Defendants  served   .....  4.00 

Trial  Fees,  Issue  of  Facts.          .....  30.00 

Allowance  by  Statute 60.00 

„     Court  5  per  cent,  on  $600    .          .          .  30.00 

Motion 20.00 

Appointment  of  Guardian  of  Infant  Defendant  .         .  10.00 

Examination  of  Party  before  Trial      ....  10.00 

Term  Fees 50.00 

$244.00 

DISBURSEMENTS 

Clerk's  Fees  on  Trial $1.00 

,,             ,,        Entering  Judgment  .          .         .  .  .50 

Affidavits  and  Acknowledgments        .          .          .  .  1.50 

Serving  Copies  Summons  and  Complaints    .         .  .  5.00 

Satisfaction  Piece     .         .          .          .          .          .  .  .25 

Transcripts  and  Filing       .          .         .         .         .  .  .12 

Certified  Copy  Judgment  .         .         .         .         .  .  .50 

Jury  Fees .  .  12.00 

Sheriff's  Fees  on  Execution        .          .          .          .  .  .72 

Extract  from  Minutes        .          .          .         .         .  .  .10 

Filing  Notes  of  Issue        .         .         .         .         .  .  4.50 

ATTENDANCE  OF  FOLLOWING  WITNESSES 

William  Truax,  3  days      .         .         .         .         .  .  1.50 

John  O'Brien,  4  days 2.00 

$29.69 

Costs       .  $244.00 

Disbursements  .         .         .         .         .         .         .29.69 

$273.69 


Legal  Forms  51 

CITY  AND  COUNTY  OF  NEW  YORK,  ss. : 

Edward  Dugro,  being  duly  sworn,  says  that  he  is  the  Attorney 
for  the  plaintiffs  in  the  above  entitled  action,  and  the  foregoing 
disbursements  have  been  made  in  said  action,  or  may  be 
necessarily  made  or  incurred  therein. 

Sworn  to  before  me  this\ 
23rd  day  of  May,  1910.  /  Edward  Dugro. 

John  Riley, 

Notary  Public, 
New  York  City. 


52                                     Legal  Forms 

(END 

DRSEMENT  FOR  FOREGOING  BILL  OF  COSTS) 

(Turn  up  four  full  spaces  from  top  edge.) 
(Center  between  40  and  70.) 

NEW  YORK  SUPREME  COURT 

JOHN  ALLEN  et  al., 
against 
DAVID  R.  LAWRENCE  et  al. 

,  BILL  OF  COSTS 

And  Notice  of  Adjustment. 

Edward  Dugro, 
Attorney  for  Plaintiffs, 
179  Broadway, 
New  York  City. 
Sirs  : 

TAKE  NOTICE,  That  I  shall  present  a  Bill 
of  Costs  of  which  the  within  is  a  copy,  to  the 
Clerk  of  the  City  and  County  of  New  York,  for 
adjustment  at  his  office  in  the  County  Court 
House  in  the  City  of  New  York  on  the  27th 
day  of  May,  1910.  at  10  o'clock  in  the  forenoon 
of  that  day. 

Dated,  New  York,  May  23rd,  1910. 

Yours,  etc., 

Edward  Dugro, 
Atty.  for  Plaintiffs, 
179  Broadway, 
N.Y.  City. 
To  Peter  Cook,  Esq., 
Atty.  for  Defendants, 
13  Cliff  Street, 

N.Y.  City. 

Due  service  of  a  copy  of  the  within  Bill  of 
Costs  and  Notice  is  hereby  admitted. 

New  York,  May  23rd,  1910. 

Defendants'  Atty. 

Legal  Forms  53 


28 

(BRIEF) 

"A  Brief  is  a  concise  statement  in  writing  of  the  law  and  authorities 
relied  upon  in  trying  a  cause." 

SUPREME  COURT, 
CITY  AND  COUNTY  OF  NEW  YORK. 


CLARENCE  H.  JONES, 

Plaintiff, 
vs. 
WILLIAM  BROWN  JOHNSON, 

Defendant. 


BRIEF  FOR  DEFENDANT 

STATEMENT 

This  action  was  commenced  by  the  service  of  a  summons  and 
complaint  on  the  23rd  day  of  October,  1908,  by  the  above-named 
plaintiff  upon  the  above-named  defendant.  The  defendant 
appeared  on  the  7th  day  of  November,  1908  ;  served  his  answer 
to  the  said  complaint,  and  interposed  several  counter  claims 
thereto.  An  amended  complaint  was  served  on  the  8th  day  of 
November,  1908,  and  on  the  13th  day  of  November,  1908, 
defendant  served  his  answer  to  said  amended  complaint. 

POINTS 
I 

All  the  counter  claims  interposed  are  sufficient  in  law  upon  the 
face  thereof. 

An  examination  of  the  counter  claims  shows  that  each  one 
alleges  a  contract,  which  is  the  subject  matter  of  this  action, 
as  the  basis  for  it,  and  the  breach  of  that  contract  on  the  part 
of  the  plaintiff. 

II 

It  is  apparent  on  the  face  of  the  counter  claims  herein  that  all  of 
them  are  of  the  character  specified  in  Sec.  601  of  the  Code  of  Civil 
Procedure,  and  arise  out  of  the  contract  or  transaction  set  forth  in 
the  Complaint. 

Said  section  601  of  the  Code  of  Civil  Procedure  provides, 
among  other  things,  that,  "  The  counter  claim  must  be  one  of 
"  the  following  causes  against  the  plaintiff,  and  in  favor  of  the 


54  Legal  Forms 


"  defendant.  Second :  In  an  action  on  contract,  any  other  cause 
"  of  action  on  contract  existing  at  the  commencement  of  the 
"action." 

The  counter  claims  interposed  herein  existed  in  favor  of  the 
defendant,  against  the  plaintiff,  at  the  time  the  action  was 
commenced,  and  long  prior  thereto,  and  they  belonged  to  the 
defendant  at  the  commencement  of  the  action. 

1  Chambers  vs.  Lewis,  13  Abb.  Pr.,  210,  213. 
Chambers  vs.  Cagneif,  32  N.Y.  Supra,  362. 

Ill 

It  is  apparent  on  the  face  of  the  answer  that  the  facts  averred  consti- 
tute a  defense  or  counter  claim  to  the  Plaintiff's  cause  of  action, 
therefore  the  objection  raised  by  demurrer  for  insufficiency  is  bad. 

IV 

It  is  submitted  that  upon  the  law  and  upon  the  facts,  judgment 
should  be  given  to  defendant  with  costs  taxed  to  plaintiff. 

Franklin  &  Williams, 
Attorneys  for  Defendant, 
18  Wall  Street, 

New  York  City. 


1  These  arr  citations  of  authorities. 


Legal  Forms  55 


29 

1  (OPINION) 

2 

3        "  The  formal  decision  or  expression  of  views  of  a  judge." 

This  is  a  case  on  appeal,  therefore  each  line  must  be  numbered,  as 

5  shown. 

6  FIRST  DEPARTMENT, 
7 

8  GENERAL  TERM. 

Q 


10    PEARCE  BARNES,  as  Receiver,  etc., 

Respondent, 
against 

13  JOSEPH  D.  JONES  and  others, 

14  Appellants. 


NOAH   DAVIS, 

Presiding  Justice  ; 
JOHN  R.  BRADY, 
CHARLES  DANIELS 
JJ- 


15 
16 

17  APPEAL 

18  from  an  Order  denying  a  motion  made  to  compel  the 

19  plaintiff  to  make  his  complaint  more  definite  and  certain, 

20  and  to  elect  between  inconsistent  cause,  etc. 

21  Stern  &  Ames,  for  Appellants. 

22  Thomas  G.  Evans,  for  Respondent. 
23 

24  C.  DANIELS,  J. 

The  complaint  is  in  the  form  known  as  a  creditors'  bill 

26  to  reach  and  apply  property  belonging  to  the  debtors  to  the 

27  payment  of  two  judgments  recovered  against  them  upon 

28  which  execution  has  been  issued  and  returned  unsatisfied. 

29  It  shows  the  commencement  and  prosecution  of  supple- 

30  mentary  proceedings  in  which  a  Receiver  was  appointed  of 

31  the  property  and  effects  of  the  judgment  debtors,  and  that 

32  the  plaintiff  is  the  successor  of  that  Receiver.     By  the 

33  succeeding  allegations  the  causes  of  action  upon  which  the 

34  judgment  was  recovered  set  forth  that  the  judgment  debtors 

35  were   partners  in   business  when   such   demands   accrued 

36  against  them,  and  upon  a  dissolution  of  their  copartnership, 

37  the  defendant,  Jones,  who  was  one  of  the  partners,  took  the 

38  greater  part  of  the  assets  of  the  firm,  and  by  a  written 

39  agreement  with  his  copartner,  assumed  and  agreed  to  pay 

40  the  debts  and  liabilities  of  the  firm.     That  instead  of  doing 

41  that,  he,  together  with  two  other  persons,  formed  a  cor- 

42  poration  under  the  manufacturing  laws  of  the  State  to  carry 


56  Legal  Forms 


1  on  the  same  business  as  had  been  transacted  by  the  firm, 

2  and  that  the  assets  placed  in  his  hands  were  transferred  to 

3  the  corporation  after  its  formation,  and  used  in  carrying  on 

4  a  profitable  business  by  it.     The  capital  of  the  corporation 

5  is  stated  to  have  been  fixed  at  the  sum  of  $30,000,  and 

6  $10,000  of  the  capital  stock  was  issued  to  the  wife  of  the 

7  defendant,  Jones,  at  his  instance,  and  without  any  actual 

8  consideration  parted  with  by  her. 
9 

10  The  transfer  of  the  assets  of  the  firm  to  the  corporation 

11  as  well  as  the  stock  issued  by  it  to  the  wife  of  the  defendant, 

12  Jones,  is  alleged  to  have  been  with  intent  to  delay  and 

13  defraud  the  creditors  of  the  preceding  copartnership,  and 

14  for  that  reason  it  is  claimed  that  the  title  of  the  wife  of  Jones 

15  to  this  stock  should  be  vacated  and  set  aside,  and  its  proceeds 

16  applied  to  the   payment  of  the  judgment.     This  is  the 

17  substance  of  the  complaint,  although  the  facts  are  more 

18  clearly  set  forth  and  with  greater  detail  in  it.     A  perusal 

19  of  the  complaint  produces  the  conviction  that  no  misappre- 

20  hension  whatever  could  arise  as  to  the  scope  of  the  action, 

21  the  facts  upon  which  it  has  been  based,  or  the  relief  intended 

22  to  be  secured  by  it. 
23 

24  The  allegations  are  clear  and  distinct,  and  free  from  all 

25  obscurity,   and  no  difficulty  stands  in  the  way  of  fully 

26  understanding  the  claims  inserted  in  it.     In  fact,  it  may 

27  well  be  said  to  have  been  drawn  upon  a  clear,  legal,  and 

28  logical  theory,  plainly,  precisely,  and  intelligently  set  forth, 

29  more  so  certainly  than  pleadings  of  this  nature  usually  are. 

30  The  law  has  provided  for  an  application  to  make  a  pleading 

31  more  definite  and  certain,  only  when  its  precise  meaning  or 

32  application  is  not  apparent. 
33 

34  Code  of  Civil  Procedure,  546. 
35 

36  This  is  not  a  pleading  of  that  nature,  for  the  allegations 

37  are  definite  and  certain,  and  their  precise  meaning  is  entirely 

38  evident. 
39 

40  While  it  is  alleged  that  all  the  assets  of  the  preceding  firm 

41  were  transferred  to   the  corporation  with   the  intent   of 

42  hindering,  delaying  and  defrauding  the  creditors  of  the  firm, 


Legal  Forms  57 


1  the  only  relief  claimed  by  reason -of  this  circumstance  is 

2  that  the  $10,000  of  stock  issued  to  the  wife  of  the  partner 

3  who  had  undertaken  to  pay  the  firm's  debts,  should  be  used 

4  and  appropriated  for  the  payment  of  the  two  judgments 

5  recovered  by  the  creditors  at  whose  instance  the  Receiver 

6  was  appointed.     There  consequently  was  but  one  cause  of 

7  action  or  one  subject  matter  to  be  affected  by  these  general 

8  allegations  inserted  in  the  complaint.     The  claim  of  the 

9  Receiver,  upon  the  facts  as  they  have  been  stated,  might 

10  very  well  have  been  extended  ;    but  as  this  stock  or  its 

1 1  proceeds  would  probably  be  sufficient  to  pay  the  judgment 

12  and  the  expenses  of  the  litigation,  no  further  relief  seems  to 

13  have  been  thought  necessary.     The   complaint  was  well 

14  drawn  and  a  cause  of  action  presented  by  it  has  been  clearly 

1 5  stated,  and  there  was  consequently  no  ground  for  the  motion 

16  denied  by  the  order  from  which  the  appeal  has  been  taken. 
17 

18  The  order  should  be  affirmed  with  $10  costs  besides  the 

19  disbursements. 
20 

21 
22 
23 
24 
25 
26 
27 
28 
29 
30 
31 
32 
33 
34 
35 
36 
37 
38 
39 
40 
41 
42 


58  Legal  Forms 

30 

(JUDGMENT  DISMISSING  COMPLAINT) 

The  Judgment  in  a  lawsuit  is  "  the  determination,  decision,  or  sentence 
of  a  court,  or  of  a  judge."     It  is  usually  the  final  document  in  a  suit. 


SUPREME  COURT  OF  THE  CITY 
OF  NEW  YORK. 


PETER  ROSE, 

Plaintiff, 
vs. 
EMANUEL  MARSCHALL, 

Defendant. 


The  issues  in  the  above  entitled  action  having  been  referred 
to  Clifford  Brown,  Esq.,  to  hear  and  determine  the  same,  and  his 
report  having  been  filed  on  the  6th  day  of  June,  1908,  whereby  he 
finds  for  the  defendant  with  costs,  and  the  costs  and  disburse- 
ments having  been  taxed  by  the  Clerk  of  the  Court  at  the  sum  of 
Two  hundred  and  fifty  and  78/100  Dollars  ($250.78). 

NOW,  on  motion  of  Foster  &  Green,  the  attorneys  for  the 
defendant  in  this  action,  it  is 

ORDERED,  ADJUDGED  AND  DECREED  that  the 
complaint  in  this  action  be  dismissed  on  the  merits,  and  that 
Edward  Marschall,  the  defendant  in  this  action,  recover  of  Peter 
Rose,  the  plaintiff  in  this  action,  the  sum  of  Two  hundred  and 
fifty  and  78/100  Dollars  ($250.78),  costs  and  disbursements  taxed 
as  aforesaid,  and  that  the  defendant  have  execution1  against  the 
plaintiff  therefor. 

Dated,  New  York,  September  18th,  1908. 


Legal  Forms  59 


31 


(JUDGMENT    FOR    DEFENDANT    UPON    REPORT    OF 

REFEREE) 


SUPREME  COURT, 
COUNTY  AND  STATE   OF  NEW  YORK. 


PERCY  T.  LANE, 

Plaintiff, 
against 
ANDREW  F.  SHERMAN, 

Defendant. 


This  action  having  been  referred  to  Phineas  W.  Fuller,  Esq., 
as  sole  Referee,  to  hear  and  determine  the  same,  and  his  report 
having  been  filed,  whereby  he  finds  that  the  defendant  is  not 
indebted  to  the  plaintiff,  upon  the  promissory  note  set  forth  in 
the  complaint  on  this  action, 

NOW,  on  Motion  of  Wallace  Hayes,  Esq.,  defendant's  attorney, 
it  is  hereby 

ADJUDGED  by  the  Court  that  the  defendant,  Andrew  F. 
Sherman,  recover  of  the  plaintiff,  Percy  T.  Lane,  the  sum  of 
three  hundred  and  eighty-two  and  29/100  Dollars  ($382.29)  for 
his  costs  and  disbursements  in  this  action. 


Clerk. 


60  Legal  Forms 

32 

OTHER   LEGAL   DOCUMENTS 

These  comprise  various  kinds  of  Contracts,  as  well  as  Wills,  Powers  of 
Attorney,  etc.,  etc. 

They  deal  mainly  with  the  transfer  of  property  in  some  form  or  other. 
Property  may  be  transferred  in  three  ways,  viz.  : 

1.  By  sale. 

2.  By  gift. 

3.  By  bequest. 

The  document  used  to  show  the  transfer  of  property  by  sale  or  gift  is 
known  as  a  Deed. 

The  document  which  transfers  property  by  bequest  is  known  as  a  Will- 
Wills  generally  begin  with  an  Invocation,  such  as  "  In  the  name  of  God, 
Amen,"  or  with  the  words,  "  Know  all  men  by  these  presents  "  ;  sometimes 
merely  with  the  name  of  the  party  making  the  will,  who  is  variously  referred 
to  as  the  deceased,  the  decedent,  the  testator,  etc. 

I  j  (WILL) 

IN   THE  NAME  OF  GOD,   AMEN. 


if 


I,  GEORGE  HENRY  JACKSON,  of  the  City,  County,  and 
State  of  New  York,  Borough  of  Manhattan,  being  of  sound  and 
S  -j  disposing  mind  and  memory,  and  considering  the  uncertainty 
%  of  this  life,  do  make,  publish,  and  declare,  this  to  be  my 
°  I  Last  Will  and  Testament,  as  follows  : 

FIRST.  After  my  lawful  debts  and  funeral  expenses  are 
paid,  I  give  to  my  executors,  administrators  and  assigns,  in 
trust,  to  be  applied  to  the  use  and  benefit  of  my  beloved  wife, 
Jane  Jackson,  all  my  real  and  personal  estate  of  every  kind 
whatsoever  and  wherever  situated,  as  well  as  all  my  household 
furniture  and  personal  effects  of  every  kind  thereunto 
belonging. 

SECOND.  I  further  give  to  my  said  wife  of  the  remainder 
of  my  property  so  much  thereof  as  she  may  wish  to  take. 

THIRD.  Should  there  be  a  balance  of  said  property 
remaining  at  her  death,  it  is  my  will  that  said  balance  be 
divided  amongst  my  brothers  and  sister,  and  their  heirs,  as 
provided  for  by  the  laws  of  the  State  of  New  York. 

FOURTH.     I  hereby  appoint  my  son,  Grover  Jackson, 
to  be  the  Executor  of  this,  my  last  Will  and  Testament,  hereby 
revoking  all  former  Wills  by  me  made,  and  it  is  my  will  that 
k  no  bond  shall  be  required  of  said  Executor. 


Legal  Forms 


61 


«  w 

si 

*-    CO 


IN  WITNESS  WHEREOF,  I  have  hereunto  subscribed 
my  name  and  affixed  my  seal,  the  thirty-first  day  of  Decem- 
ber, in  the  year  of  our  Lord,  one  thousand  nine  hundred  and 
nine. 

1  WITNESSES  : 


Signed,  sealed,  published  and 
declared  by  George  Henry  Jackson, 
the  Testator  above  named,  as  and 
for  his  last  Will  and  Testament ;  in 
our  presence ;  and  we,  at  his 
request,  and  in  his  presence,  and 
in  the  presence  of  each  other,  have 
hereunto  subscribed  our  names  as 
witnesses  on  the  day  above 
mentioned. 


Endorse  : 

LAST  WILL  AND  TESTAMENT 

of 
GEORGE  HENRY  JACKSON. 

Dated  : 


1  In  New  York  State  two  witnesses  are  necessary ;  in  California  and  some  other  States,  only 
one  is  required. 


62  Legal  Forms 

33 

(CONVEYANCE  BY   DEED) 
DEED  WITH  FULL  COVENANTS. — SHORT  FORM 


THIS  INDENTURE  made  the  22nd  day  of  April,  in  the 
year  Nineteen  hundred  and  nine,  between  THOMAS  DAY 
of  the  City,  County  and  State  of  New  York,  banker,  of  the  first 
part,  and  GEORGE  KNIGHT  of  the  same  place,  merchant, 
of  the  second  part, 

WITNESSETH  :  That  the  said  party  of  the  first  part,  in 
1 1  consideration  of  Three  thousand  Dollars  ($3,000)  lawful 
J-j  money  of  the  United  States,  paid  by  the  party  of  the  second 
g  part,  doth  hereby  grant  and  release  unto  the  said  party  of  the 
0  V  second  part,  his  heirs  and  assigns  forever, 

ALL  that  certain  lot,  piece  or  parcel  of  land,  situate  in  the 
City  of  New  York,  and  bounded  and  described  as  follows  : 
Beginning  at  a  point  on  the  northerly  line  of  Fifty-second 
Street,  distant  Three  hundred  and  fifteen  (315)  feet  westerly 
from  the  north-westerly  corner  of  Fifty-second  Street  and 
Fifth  Avenue,  and  part  of  the  way  through  a  party  wall  one 
hundred  (100)  feet,  four  (4)  inches,  to  the  center  line  of  the 
block  ;  thence  westwardly  along  said  center  line,  and  parallel 
with  Fifty-second  Street  twenty  (20)  feet ;  thence  south- 
wardly parallel  with  Fifth  Avenue,  and  part  of  the  way 
through  a  party  wall,  One  hundred  (100)  feet,  four  (4)  inches, 
to  the  northerly  line  of  Fifty-second  Street ;  thence  eastwardly 
twenty  (20)  feet  to  the  point  or  place  of  beginning,  being 
known  by  the  street  number  of  25  West  Fifty-second  Street, 
subject  to  party  wall  agreements  and  covenants  as  to 
building,  and  against  nuisances,  as  the  same  appears  of  record. 

TOGETHER  with  the  appurtenances  and  all  the  estate  and 
rights  of  the  first  part,  in  and  to  said  premises. 

TO  HAVE  AND  TO  HOLD  the  above  granted  premises 
unto  the  said  party  of  the  second  part,  his  heirs  and  assigns 
forever. 

AND  the  said  party  of  the  first  part  doth  covenant  with 
the  party  of  the  second  part  as  follows  : 


Legal  Forms  63 


'  FIRST.  That  the  party  of  the  first  part  is  seized  of  the 
said  premises  in  fee  simple,  and  has  good  right  to  convey  the 
same. 

SECOND.  That  the  party  of  the  second  part  shall  quietly 
enjoy  the  said  premises. 

THIRD.  That  the  said  premises  are  free  from  incum- 
brances. 

FOURTH.  That  the  party  of  the  first  part  will  procure 
any  further  necessary  assurances  of  the  title  to  said  premises. 

FIFTH.  That  the  party  of  the  first  part  will  forever 
warrant  the  title  to  said  premises. 

IN  WITNESS  WHEREOF,  the  said  party  of  the  first 
part  hath  hereunto  set  his  hand  and  seal  the  day  and  year 
first  above  written. 

IN  THE   PRESENCE  OF: 


STATE  OF  NEW  YORK, 
COUNTY  OF  NEW  YORK./    ' 

On  this  23rd  day  of  April,  1910,  before  me  personally  came 
"IA  Thomas  Day,  to  me  known  to  be  the  person  described  in,  and 
J   who  executed  the  foregoing  instrument,  and  acknowledged 
<    the  execution  thereof  for  the  uses  and  purposes  therein 
\  mentioned. x 


1  Note  the  absence  of  a  jurat  in  the  acknowledgment. 


64  Legal  Forms 

34 

(SEARCH) 

A  Search  is  an  examination  of  records  of  transfers  of  property  made 
for  the  purpose  of  verifying  the  correctness  of  a  description  of  property 
and  the  soundness  of  the  title  thereto. 

PREMISES  :    Fifteen  lots  as  colored  in  above  diagram. 

REGISTER  OF  THE  CITY  AND  COUNTY  OF  NEW  YORK  : 

Please  search  for  Conveyances,  Mortgages  and  all  other 
instruments  of  record  in  your  office,  of,  upon,  or  affecting  the 
above-described  property,  and  made  by  William  F.  Beams,  from 
September  1,  1871,  to  date  of  search,  Siegmund  T.  Meyer,  from 
May  6th,  1871,  to  date  of  search. 

For 

Whitbeck  &  Wandell, 

May    1909. 


FRANCIS  P.  OSBORN,  Assignee 
of  William  F.  Beams, 

to 
JAMES  H.  COLEMAN. 


Deed    dated    Oct.     27th, 

1871. 

Recorded  Nov.  3rd,  1871. 
Liber  1196  of  Cons.,  page 

212. 


See  Liber  1149  of  Cons.  55,  bankrupt  proceeding. 


\  Mortgage  dated  May  8th, 

SIEGMUND  T.  MEYER,  1871. 

to  v  Recorded  May  8th,  1871. 
JAMES  H.  COLEMAN.  Liber  1015  of  Morts.,  p.  89. 
j  $13,000. 


— \  Mortgage  dated  May  17th, 

SAME  1871. 

to  >  Recorded  May  17th,  1871. 
JOHN  D.  LEWIS.  Liber  10 17  of  Morts.,  p. 206. 
1  $3,450 


Nothing  else  found. 

June  1,  1909,  9  A.M. 
W.  F.  Gilley, 

Dep.  Reg. 


Legal  Forms  65 

35 

(OLD   FORM  OF  DEED) 

The  following  exercise  is  useful  not  because  this  form  of  deed  is  likely  to 
be  dictated  very  often  to  a  stenographer,  but  for  the  excellent  practise 
it  affords  in  peculiar^  terms  and  expressions  likely  to  occur  in  other 
documents. 

THIS   INDENTURE1  made  the  day  of  May,  in 

the  year  one  thousand  eight  hundred  and  eighty-eight,  between 
LOUIS  TAYLOR,  of  the  City,  County  and  State  of  New  York, 
of  the  first  part,  and  WALTER  H.  WISE,  of  the  same  place, 
of  the  second  part. 

WITNESSETH : 

THAT  the  said  party  of  the  first  part,  for  and  in  consideration 
of  the  sum  of  one  dollar,  lawful  money  of  the  United  States  of 
America,  to  him  in  hand  paid  by  the  said  party  of  the  second 
part,  at  or  before  the  execution  and  delivery  of  these  presents, 
the  receipt  whereof  is  hereby  acknowledged,  and  the  said  party 
of  the  second  part,  his  heirs,  executors  and  administrators  being 
released  and  discharged  from  the  same  by  these  presents,  has 
granted,  bargained,  sold,  aliened,  remised,  released,  conveyed, 
and  confirmed,  and  by  these  presents  does  grant,  bargain,  sell, 
alien,  remise,  release,  convey  and  confirm  unto  the  said  party 
of  the  second  part  and  to  his  heirs  and  assigns  forever, 

ALL  that  certain  lot,  piece  or  parcel  of  land  with  the  buildings 
thereon,  bounded  and  described  as  follows  :  Beginning  at  a  point 
three  (3)  feet  east  of  a  stone  post  at  the  line  of  Tim  McCarthey's 
land,  and  running  thence  south-easterly  fifty  (50)  feet  to  the 
boundary  line  of  Westchester  County ;  thence  along  said  bound- 
ary line  south-westerly  seventy-nine  (79)  feet  (6)  inches  ;  thence 
north-westerly  fifty  (50)  feet,  and  thence  north-easterly  seventy- 
nine  (79)  feet,  six  (6)  inches  to  the  point  or  place  of  beginning, 
be  the  said  dimensions  more  or  less  ;!  being  the  same  premises 
designated  on  a  certain  map  entitled  "Surveyor's  Map  of 
Harlem  "  as  lot  No.  10,  subject,  however,  to  the  dower  right  of 
the  wife  of  the  party  of  the  first  part ;  together  with  all  and 
singular  the  tenements,  hereditaments,  and  appurtenances 
thereunto  belonging,  or  in  any  wise  appertaining,  and  the 
reversion  and  reversions,  remainder  and  remainders,  liens, 

1  Indenture,  "  A  mutual  agreement  in  writing  between  two  or  more  parties,  whereof  each 
party  has  usually  a  counterpart  or  duplicate.  Indentures  were  originally  duplicates,  laid  together 
and  indented  by  a  notched  cut  or  line,  or  else  written  on  the  same  piece  of  parchment  and  separated 
by  a  notched  line  so  that  the  two  papers  or  parchments  corresponded  to  each  other.  But  indenting 
has  gradually  become  a  mere  form,  and  is  often  neglected,  while  the  writings  or  counterparts 
retain  the  name  of  indentures." 


5— (403) 


66  Legal  Forms 

issues  and  profits  thereof,  and  also  all  the  estate,  right,  title, 
interest,  property,  claims  and  demands  whatsoever,  as  well  in 
law  as  in  equity,  of  the  said  party  of  the  first  part,  of,  in  or  to  the 
above  described  premises,  and  every  part  and  parcel  thereof, 
with  the  appurtenances,  to  have  and  to  hold  all  and  singular 
the  above-mentioned  and  described  premises  unto  the  said  party 
of  the  second  part,  his  heirs  and  assigns,  and  to  his  own  proper 
use,  benefit  and  behoof  forever. 

AND  the  said  Louis  Taylor,  for  his  heirs,  executors  and 
administrators,  does  hereby  covenant,  grant  and  agree  to  and 
with  the  said  party  of  the  second  part,  his  heirs  and  assigns,  that 
the  said  Louis  Taylor  at  the  time  of  the  sealing  and  delivery 
of  these  presents,  was  lawfully  seized  in  his  own  right  of  a  good, 
absolute  and  indefeasible  estate  of  inheritance  in  fee  simple, 
of  and  in,  all  and  singular,  the  above  granted,  bargained  and 
described  premises  with  the  appurtenances,  and  has  good  right, 
full  power,  and  lawful  authority  to  grant,  bargain,  sell  and 
convey  the  same  in  manner  and  form  aforesaid. 

AND  that  the  said  party  of  the  second  part,  his  heirs  and 
assigns,  shall  and  may  at  all  times  hereafter  peaceably  and 
quietly  have,  hold,  use,  occupy,  possess  and  enjoy  the  above 
granted  premises  and  every  part  and  parcel  thereof  with  the 
appurtenances,  without  any  let,  suit,  trouble,  molestation, 
eviction  or  disturbance  of  the  party  of  the  first  part,  his  heirs 
or  assigns,  or  of  any  other  person  or  persons  lawfully  claiming 
or  to  claim  the  same. 

AND  that  the  same  now  are  free,  clear,  discharged,  and 
unencumbered  of  and  from  all  further  and  other  grants,  titles, 
charges,  estates,  judgments,  taxes,  assessments  and  incumbrances 
of  any  kind  whatsoever,  and  also  that  the  said  party  of  the  first 
part  and  his  heirs  and  all  and  every  other  person  or  persons 
whomsoever  lawfully  or  equitably  deriving  any  estate,  right, 
title  or  interest  of,  in  or  to  the  hereinbefore  granted  premises  by, 
from,  under,  or  in  trust  for  him  or  them,  shall  and  will,  at  any 
time  or  place,  upon  the  reasonable  request  and  at  the  proper  costs 
and  charges  in  the  law  of  the  said  party  of  the  second  part,  his 
heirs  and  assigns,  make,  do  and  execute,  or  cause  or  proclaim 
to  be  made,  done  or  executed  all  and  every  such  further  and  other 
lawful  and  reasonable  acts,  conveyances  and  issues  in  the  law 
for  the  more  effectually  possessing  and  confirming  the  premises 
hereby  indicated  to  be  granted  in  and  to  the  said  party  of  the 
second  part,  his  heirs  and  assigns  forever  as  by  the  said  party 
of  the  first  part,  his  heirs  and  assigns,  or  his  counsel  learned  in  the 
law,  shall  be  reasonably  disposed  or  required. 


Legal  Forms  67 

AND  the  said  Louis  Taylor,  and  his  heirs  the  above  described 
and  hereby  granted  and  released  premises  and  every  part  and 
parcel  thereof  with  the  appurtenances  unto  the  said  party  of 
the  second  part,  his  heirs  and  assigns,  against  the  said  party  of 
the  first  part  and  his  heirs,  and  against  all  and  every  person  and 
persons  whomsoever  lawfully  claiming  or  to  claim  the  same,  shall 
and  will  warrant  and  by  these  presents  forever  defend  the  said 
Walter  H.  Wise,  the  party  of  the  second  part  hereinbefore  named. 

IN  WITNESS  WHEREOF  the  said  party  of  the  first  part 
has  hereunto  set  his  hand  and  seal  the  day  and  year  first  above 
written. 

SIGNED,  SEALED  AND  DELIVERED) 
IN  THE  PRESENCE  OF  : 


STATE  OF  NEW  YORK,          ) 
CITY  AND  COUNTY  OF  NEW  YORK,  J     '  ' 

BE    IT    REMEMBERED    that  on  this  day  of 

May,  in  the  year  one  thousand  eight  hundred  and  eighty-eight, 
before  me,  George  Washington  Smith,  a  Commissioner  for  the 
State  of  New  York,  personally  appeared  Louis  Taylor,  who  I  am 
satisfied  is  the  grantor  in  the  within  indenture  named,  and  I 
having  first  made  known  to  him  the  contents  thereof,  did  declare 
and  acknowledge  that  he  signed,  sealed  and  delivered  the  same 
as  his  voluntary  act  and  deed  for  the  purposes  therein  expressed. 

And  the  said  Mary  A.  Wise,  the  wife  of  the  afore-mentioned 
Walter  H.  Wise,  being  by  me  privately  examined  separate  and 
apart  from  her  husband,  did  declare  and  acknowledge  that  she 
signed,  sealed,  and  delivered  the  same  as  her  voluntary  act  and 
deed  freely,  and  without  any  fear,  threats  or  compulsion  by  or 
from  her  said  husband. 

(SEAL)  

Commissioner  for  the  State  of  New  York. 


68  Legal  Forms 

36 

(CONVEYANCE  BY  MORTGAGE) 

A  Mortgage  is  "  a  conveyance  of  property,  upon  condition,  as  security 
for  the  payment  of  a  debt  or  the  performance  of  a  duty,  and  to  become 
void  upon  payment  or  performance  according  to  the  stipulated  terms." 
The  written  instrument  by  which  the  conveyance  is  made  is  also  called 
a  Mortgage.  A  right  of  redemption  is  "an  inseparable  incident  of  a 
mortgage  until  the  mortgager  is  debarred  by  his  own  neglect,  or  by  judicial 
decree." 

(MORTGAGE) 

THIS  INDENTURE  made  the  day  of 

in  the  year  nineteen  hundred  and  ten,  between  GEORGE 
KNIGHT,  of  Westchester,  New  York,  of  the  first  part,  and 
WILLIAM  JONES,  of  Brooklyn,  New  York,  of  the  second  part. 

WHEREAS  :  The  said  George  Knight  is  justly  indebted  to 
the  said  party  of  the  second  part  in  the  sum  of  two  thousand 
dollars  ($2,000.)  lawful  money  of  the  United  States,  secured  to 
be  paid  by  his  certain  bond  or  obligation  bearing  even  date 
herewith,  conditioned  for  the  payment  of  the  said  sum  of  two 
thousand  dollars  ($2,000.), 

IT  BEING  EXPRESSLY  AGREED  that  the  whole  of  the 
said  principal  sum  shall  become  due  after  default  in  the  payment 
of  interest  as  hereinafter  provided, 

NOW  THIS  INDENTURE  WITNESSETH  :  That  the  said 
party  of  the  first  part  for  the  better  securing  the  payment  of  the 
said  sum  of  money  mentioned  in  the  condition  of  the  said  bond 
or  obligation  with  interest  thereon,  and  also  for  and  in  considera- 
tion of  One  Dollar,  paid  by  the  said  party  of  the  second  part, 
the  receipt  whereof  is  hereby  acknowledged,  does  hereby  grant 
and  release  unto  the  said  party  of  the  second  part,  and  to  his  heirs 
and  assigns  forever, 

ALL  that  certain  lot  of  land  situate  in  the  City  of  New  York, 
and  bounded  as  follows  : 

Beginning  at  a  point  on  the  west  side  of  the  Southern  Boule- 
vard, about  sixty-seven  (67)  feet,  four  (4)  inches  north  of  the 
north-west  corner  of  the  Southern  Boulevard  and  One  hundred 
and  sixty-seventh  Street ;  thence  running  west  parallel  with 
One  hundred  and  sixty-seventh  Street  seventy-nine  (79)  feet, 
eleven  (11)  inches;  thence  north-west  twenty-four  (24)  feet, 
three  (3)  inches,  parallel  with  Simpson  Street ;  thence  east, 
parallel  with  One  hundred  and  sixty-seventh  Street,  eighty-four 
(84)  feet,  nine  (9)  inches  to  the  westerly  side  of  the  Southern 


Legal  Forms  69 

Boulevard  ;  and  thence  south,  along  the  same,  twenty-four  (24) 
feet,  three  (3)  inches,  to  the  point  of  beginning,  the  same  being 
known  as  No.  1864  Southern  Boulevard. 

TOGETHER  with  the  appurtenances  and  all  the  estate  and 
rights  of  the  party  of  the  first  part,  in  and  to  the  said  premises, 

TO  HAVE  AND  TO  HOLD  the  above  granted  premises 
unto  the  said  party  of  the  second  part,  his  heirs  and  assigns 
forever. 

PROVIDED  ALWAYS  that  if  the  said  party  of  the  first  part, 
his  heirs,  executors,  or  administrators,  shall  pay  unto  the  said 
party  of  the  second  part,  his  executors,  administrators,  or  assigns, 
the  said  sum  of  money  mentioned  in  the  condition  of  the  said 
bond  or  obligation,  and  the  interest  thereon  at  the  time  and  in 
the  manner  mentioned  in  the  said  condition,  that  then  these 
presents  and  the  estate  hereby  granted  shall  cease,  determine 
and  be  void. 

AND  the  said  George  Knight  does  covenant  with  the  said 
party  of  the  second  part  as  follows  : 

FIRST.  That  the  party  of  the  first  part  will  pay  the  indebted- 
ness as  hereinbefore  provided,  and  if  default  be  made  in  the 
payment  of  any  part  thereof,  the  party  of  the  second  part  shall 
have  power  to  sell  the  premises  herein  described  according  to  law. 

SECOND.  That  the  party  of  the  first  part  will  keep  the  build- 
ings on  the  said  premises  insured  against  loss  by  fire  for  the 
benefit  of  the  mortgagee. 

THIRD.     And  it  is  hereby  expressly  agreed  that  the  whole 
of  said  principal  sum  shall  become  due  at  the  option  of  the  said 
party  of  the  second  part  after  default  in  payment  of  interest  for 
days. 

IN  WITNESS  WHEREOF:  The  said  party  of  the  first  part 
to  these  presents  has  hereunto  set  his  hand  and  seal  the  day  and 
year  above  written. 

IN  THE   PRESENCE   OF: 

STATE  OF  NEW  YORK,  j 
COUNTY  OF  NEW  YORK.)       ' 

On    this  day    of  in    the    year 

Nineteen  hundred  and  ten,  before  me  personally  came 
George  Knight,  to  me  known  and  known  to  me  to  be  the 
individual  described  in  and  who  executed  the  foregoing 
instrument,  and  he  thereupon  duly  acknowledged  to  me  that 
he  executed  the  same. 


70  Legal  Forms 


37 

(BOND) 

A  Bond  is  "  an  obligation  in  writing  under  seal,  in  which  a  person  binds 
himself  to  pay  another  a  certain  sum  of  money  at  a  specified  time,"  usually 
with  a  condition  added  that  "  if  the  obligor  does  some  particular  act,  the 
obligation  shall  be  void,  or  else  shall  remain  in  full  force." 

A  Bond  usually  accompanies  a  Mortgage. 


KNOW  ALL  MEN   BY  THESE   PRESENTS  : 

THAT  I,  GEORGE  KNIGHT,  of  Westchester,  New  York,  am 
held  and  firmly  bound  unto  WILLIAM  JONES,  of  Brooklyn, 
New  York,  in  the  sum  of  Four  Thousand  Dollars1  (84,000.), 
lawful  money  of  the  United  States,  to  be  paid  to  said  William 
Jones,  his  certain  attorney,  executors,  administrators  or  assigns  : 

FOR  WHICH  PAYMENT,  to  be  made,  I  do  bind  myself, 
my  heirs,  executors  and  administrators,  jointly  and  severally, 
firmly  by  these  presents. 

Sealed  with  my  seal.     Dated  the  day  of 

1909. 

THE  CONDITION  of  the  above  obligation  is  such,  that  if 
the  above  bounden  George  Knight,  his  heirs,  executors  or 
administrators,  shall  pay,  or  cause  to  be  paid,  unto  the  above 
named  William  Jones,  his  Executors,  administrators,  or  assigns, 
the  sum  of  Two  Thousand  Dollars1  ($2,000.),  then  the  above 
obligation  to  be  void,  otherwise  to  remain  in  full  force  and  virtue. 

SEALED  AND  DELIVERED) 
IN  THE  PRESENCE  OF:  J 

(Acknowledgment  Clause) 


1  The  amount  of  the  bond  is  always  twice  the  amount  of  the  actual  indebtedness. 
In  addition  to  the  clauses  contained  in  the  above  document,  a  Bond  may  contain  certain  other 
clauses,  such  as  Insurance,  Insurance  and  Tat,  Interest,  Water  Rates  and  Assessment,  etc. 
A  Bottomry  Bond  relates  to  the  mortgage  of  a  ship. 


Legal  Forms  71 

38 

(BOND  WITH   INTEREST  CLAUSE) 

KNOW  ALL  MEN   BY  THESE   PRESENTS: 

THAT  I,  CHARLES  WHEELER,  of  the  City,  County  and 
State  of  New  York,  am  held  and  firmly  bound  unto  ALFRED 
TAYLOR,  of  the  same  place,  in  the  penal  sum  of  Twenty  Thou- 
sand Dollars  ($20,000.),  lawful  money  of  the  United  States  of 
America,  to  be  paid  to  the  said  Alfred  Taylor,  his  executors, 
administrators  or  assigns,  for  which  payment  well  and  truly 
made,  I  do  hereby  bind  myself,  my  heirs,  executors  and  adminis- 
trators firmly  by  these  presents.  Sealed  with  my  seal,  dated  the 
26th  day  of  June,  One  thousand,  nine  hundred  and  nine. 

The  condition  of  the  above  obligation  is  such,  that  if  the  above 
bounden  Charles  Wheeler,  his  heirs,  executors,  or  administrators, 
shall  well  and  truly  pay,  or  cause  to  be  paid  unto  the  above 
named  Alfred  Taylor,  his  executors,  administrators  or  assigns,  the 
just  and  full  sum  of  Ten  thousand  Dollars  ($10,000.),  with 
interest  thereon,  at  the  rate  of  six  per  cent,  per  annum,  payable 
semi-annually,  on  the  first  days  of  April  and  October  respectively, 
in  each  year,  without  any  fraud  or  other  delay,  then  the  above 
obligation  to  be  void,  otherwise  to  remain  in  full  force  and  virtue. 

AND  IT  IS  HEREBY  EXPRESSLY  AGREED  that 
should  any  default  be  made  in  the  payment  of  the  said  interest, 
on  any  day  whereon  the  same  is  made  payable  as  above  expressed, 
and  should  the  same  remain  unpaid  and  in  arrears  for  the  space 
of  six  months,  or  should  any  tax  or  assessment  to  be  hereafter 
imposed  upon  the  premises  described  in  the  mortgage  accompany- 
ing this  bond  become  due  or  payable,  and  should  the  same  remain 
unpaid  and  in  arrears  for  the  space  of  three  months,  then  and 
from  thenceforth,  that  is  to  say,  after  the  lapse  of  said  periods, 
the  aforesaid  principal  sum,  with  all  arrearage  of  interest  thereon, 
shall,  at  the  option  of  said  Alfred  Taylor  or  his  legal  representa- 
tives, become  and  be  due  and  payable  immediately  thereafter, 
although  the  period  above  limited  for  the  payment  thereof  may 
not  then  have  expired,  anything  hereinbefore  contained  to  the 
contrary  thereof  in  anywise  notwithstanding. 

SEALED  AND  DELIVERED) 
IN  THE  PRESENCE  OF:   J 


72  Legal  Forms 

39 

(BOND  OF  INDEMNITY) 

KNOW  ALL  MEN   BY  THESE   PRESENTS: 

THAT,  WHEREAS,  JOHN  T.  LLOYD,  late  of  the  City  of 
New  York,  died  in  said  city  on  the  2nd  day  of  December,  1907  ; 
and  whereas  Anna  Lloyd,  the  widow  of  said  decedent,  is  about 
to  apply  for  Letters  of  Administration  upon  his  estate,  upon 
giving  bond  for  the  faithful  performance  of  her  duty  in  the 
discharge  of  her  trust  as  such  administratrix  in  the  sum  of  Fifty 
Thousand  Dollars ; 

AND  WHEREAS,  BENJAMIN  HOBSON,  of  the  City  of 
Brooklyn,  County  of  Kings  and  State  of  New  York,  executed 
said  bond  of  even  date  with  this  instrument, 

NOW  THEREFORE,  We,  the  undersigned,  the  widow  and 
all  the  heirs  at  law  and  next  of  kin  of  said  John  T.  Lloyd,  in 
consideration  of  the  premises  and  the  sum  of  One  Dollar  to  each 
of  us  in  hand  paid,  the  receipt  whereof  is  hereby  acknowledged, 
do  hereby  jointly  and  severally,  for  ourselves  and  each  of  us,  and 
for  the  heirs,  executors  and  administrators  of  each  of  us,  bind 
ourselves  and  covenant  and  agree  to  and  with  the  said  Benjamin 
Hobson,  that  we  will  indemnify  him  and  save  him  harmless  from 
any  liability,  claim,  demand,  or  cause  of  action  which  may  in  any 
manner  arise  or  accrue  in  favor  of  any  person  or  persons  from  his 
becoming  a  surety  upon  said  bond. 

IN  WITNESS  WHEREOF,  we  have  hereunto  set  our  hands 
and  seals  the  day  of  May,  1910. 


IN  THE   PRESENCE  OF: 


Legal  Forms  73 

40 

(LEASE) 

A  Lease  is  "  a  demise  or  letting  of  lands,  tenements,  or  hereditaments  " 
(e.g.,  any  species  of  property  that  may  be  inherited)  "  to  another  for  life,  for 
a  term  of  years,  or  at  will  .  .  .  usually  for  a  specified  rent  or 
compensation  "  ;  also  the  contract  for  such  letting. 


THIS  INDENTURE,  made  the  10th  day  of  October,  1909, 
between  HERRICK  LOVELL,  of  the  first  part,  and  MEYER 
MOSES,  of  the  second  part, 

WITNESSETH  : 

THAT  the  said  party  of  the  first  part  hath  letten,  and  by 
these  presents  does  grant,  demise,  and  to  farm  let  unto  the  said 
party  of  the  second  part,  the  house  and  lot  situated  on  the 
north-west  corner  of  One  Hundred  and  Thirty-first  Street  and 
Lenox  Avenue,  with  the  appurtenances,  for  the  term  of  three 
years,  from  the  15th  day  of  October,  1909,  at  the  yearly  rent  or 
sum  of  Twenty-five  hundred  Dollars  ($2500.),  to  be  paid  in  equal 
monthly  payments. 

AND  IT  IS  AGREED  that  if  any  rent  shall  be  due  and 
unpaid,  or  if  default  shall  be  made  in  an}'  of  the  covenants  herein 
contained,  then  it  shall  be  lawful  for  the  said  party  of  the  first 
part  to  re-enter  the  said  premises  and  to  remove  all  persons 
therefrom. 

AND  the  said  party  of  the  second  part  does  covenant  to  pay 
to  the  said  party  of  the  first  part  the  said  yearly  rent  as  herein 
specified,  on  the  first  day  of  each  and  every  month,  and  that  at 
the  expiration  of  the  said  term,  the  said  party  of  the  second  part 
will  quit  and  surrender  the  premises  hereby  demised,  in  as  good 
state  and  condition  as  reasonable  use  and  wear  thereof  will 
permit,  damages  by  the  elements  excepted. 

"  AND  the  said  party  of  the  first  part  does  covenant  that  the 
said  party  of  the  second  part,  on  paying  the  said  yearly  rent,  and 
performing  the  covenants  aforesaid,  shall  and  may  peaceably  and 
quietly  have,  hold  and  enjoy  the  said  demised  premises  for  the 
term  aforesaid. 

(Acknowledgment.) 


74  Legal  Forms 

41 

SCHEDULE 
SHOWING  RECEIPTS  AND   EXPENSES 

for  the 
SIX  MONTHS  ENDING  MAY  31  ST,  1910,  FOR  REAL  ESTATE 


Income  from  Real  Estate  belonging  jointly  to  J.  P.  Bell  Trust  and 
S.  Finley  Bell  Trust  Estates  for  six  months  ending  May  31,  1910. 


Receipts. 

240  Broadway  : 

Store,  7  months  to  May  1st.  .  .  $3,500.00 
2d  floor,  7  months  to  April  1st  .  .  1,458.31 
3d  and  4th  floors,  6  months  to  May  1st  499.98 

$5,458.29 

123  West  49th  Street : 

Expenditures  exceeded  receipts.  None. 

453  Second  Avenue  : 

6  months  to  June  1st         .          .          .         450.00 
455  Third  Avenue  : 

6  months  to  June  1st         ...        450.00 
457  Madison  Avenue  : 

6  months  to  June  1st         .          .         .        500.00 
459  First  Avenue  : 

6  months  to  June  1st         ...        450;00 
461  Lexington  Avenue  : 

6  months  to  June  1st         .          .          .        450.00 
22  West  33rd  Street  : 

6  months  to  June  1st         .          .          .        450.00 
10  West  3d  Street  : 

6  months  to  June  1st         ...        450.00 

3,200.00 

Total  receipts        .          .  $8,658.29 


Legal  Forms  75 

42 

(ASSIGNMENT) 

An  Assignment  is  a  "  transfer  of  title  or  interest  by  writing."  The 
document  showing  such  transfer  is  also  called  an  Assignment. 

Assignments  are  frequently  employed  by  bankrupts  for  the  purpose  of 
transferring  their  property  to  certain  persons  called  assignees  in  whom  it  is 
vested  for  the  benefit  of  creditors. 


(GENERAL  ASSIGNMENT) 
KNOW  ALL  MEN   BY  THESE   PRESENTS:1 

THAT  I,  HENRY  S.  JOHNSON,  of  the  City,  County,  and 
State  of  New  York,  for  value  received,  have  sold,  and  by  these 
presents  do  grant,  assign  and  convey  unto  PHILIP  R.  BATES 
of  the  same  place,  all  the  stock  and  fixtures  now  in  my  store 
located  at  215  Broadway  in  the  Borough  of  Manhattan,  in  said 
City  of  New  York, 

TO  HAVE  AND  TO  HOLD  the  same  unto  the  said  Philip 
R.  Bates,  his  executors,  administrators  and  assigns  forever,  to 
and  for  the  use  of  said  Philip  R.  Bates,  hereby  constituting  and 
appointing  said  Bates  my  true  and  lawful  attorney  irrevocable 
in  my  name,  place  and  stead,  for  the  purposes  aforesaid,  to  ask, 
demand,  sue  for,  attach,  levy,  recover  and  receive  all  such  sum 
or  sums  of  money  which  now  are,  or  may  hereafter  become  due, 
owing  and  payable  for,  or  on  account  of,  all  or  any  of  the  accounts, 
dues,  debts  and  demands  above  assigned. 

GIVING  AND  GRANTING  unto  the  said  attorney  full 
power  and  authority  to  do  and  perform  all  and  every  act  and 
thing  whatsoever  requisite  and  necessary,  as  fully,  to  all  intents 
and  purposes,  as  I  might  or  could  do,  if  personally  present,  with 
full  power  of  substitution  and  revocation,  hereby  ratifying  and 
confirming  all  that  the  said  attorney  or  his  substitute  shall 
lawfully  do  or  cause  to  be  done  by  virtue  hereof. 

IN  WITNESS  WHEREOF,  I  have  hereunto  set  my  hand  and 
seal  the  20th  day  of  December,  one  thousand  nine  hundred  and 
nine. 

SEALED  AND  DELIVERED 
IN  THE  PRESENCE  OF: 

1  Presents,  "  Present  letters  or  instrument."     "  Know  all  men  by  these  presents,"  that  is, 
by  the  writing  itself. 


7  6  Legal  Forms 

43 

(ASSIGNMENT  OF  CLAIM) 

KNOW  ALL  MEN   BY  THESE   PRESENTS: 

THAT  I,  WILLIAM  BROWN,  of  Berlin,  Germany,  for 
and  in  consideration  of  the  sum  of  one  dollar  to  me  in  hand  paid 
by  FREDERICK  H.  JONES,  and  of  other  valuable  considera- 
tions unto  me  from  him  moving,  have  assigned,  sold  and  trans- 
ferred, and  by  these  presents  do  sell,  assign,  transfer  and  set  over 
unto  the  said  Frederick  H.  Jones,  of  the  City  of  New  York,  all 
claims  and  demands  of  whatsoever  kind  or  description  whether 
in  law  or  in  equity,  which  I  had  against  Henry  Jones,  now 
deceased,  at  the  time  of  his  death,  and  which  I  now  have  against 
his  Administratrix,  and  especially  a  certain  claim  or  demand 
existing  in  my  favor  against  the  said  Henry  Jones,  deceased, 
arising  out  of  an  agreement  dated  the  15th  day  of  September, 
1907,  and  made  and  entered  into  between  William  Brown  and 
George  Field  of  the  one  part,  and  the  said  Henry  Jones  of  the 
other  part. 

TO  HAVE  AND  TO  HOLD  the  said  claims  and  demands 
unto  the  said  Frederick  H.  Jones,  his  executors,  administrators 
and  assigns,  forever. 

IN  WITNESS  WHEREOF,  I  have  hereunto  set  my  hand 
and  seal,  this  day  of  July,  1909. 

UNITED  STATES  CONSULATE,  | 
BERLIN,  GERMANY.         } 

On  this  day  of  July,   1909,  before  me  personally 

came  William  Brown,  to  me  known  and  known  to  me  to  be  the 
same  person  mentioned  and  described  in,  and  who  executed  the 
foregoing  instrument,  and  who  to  me  acknowledged  that  he 
executed  the  same  for  the  purposes  therein  mentioned. 


Legal  Forms  77 


44 


(AGREEMENT) 

An  Agreement  is  a  Contract  or  engagement  that  something  shall  be  done 
or  omitted.  It  is  also  "  an  exchange  of  promises,  mutual  understanding, 
arrangement,  or  stipulation."  The  document  embodying  such  reciprocal 
promises  is  also  called  an  Agreement. 


AGREEMENT  made  this  23rd  day  of  May,  One  thousand  nine 
hundred  and  ten,  between  F.  C.  DEAN,  party  of  the  first  part, 
and  CHARLES  T.  WILSON,  party  of  the  second  part. 

WHEREAS,  there  have  been  deposited  with  THOMAS  W. 
AMES,  Esq.,  Two  hundred  and  eighty-seven  thousand  eight 
hundred  and  fifty-five  shares  of  the  capital  stock  of  the  Atlas 
Machine  Company  of  New  York,  One  hundred  thousand  shares 
of  which  are  the  property  of  said  Charles  T.  Wilson,  and  One 
hundred  and  eighty-seven  thousand,  eight  hundred  and  fifty-five 
shares  are  the  property  of  said  F.  C.  Dean, 

NOW  THEREFORE,  in  consideration  of  the  premises  and 
the  sum  of  One  Dollar,  by  each  to  the  other  paid,  the  receipt 
whereof  is  hereby  acknowledged,  it  is  agreed,  by  and  between 
the  parties  to  these  presents,  the  said  Thomas  W.  Ames  also 
assenting  thereto, 

FIRST.  That  the  said  Two  hundred  and  eighty-seven 
thousand,  eight  hundred  and  fifty-five  shares  of  the  Atlas 
Machine  Company  of  New  York  shall  remain  in  the  custody  and 
keeping  of  said  Thomas  W.  Ames  for  the  term  of  one  year  from 
the  date  hereof. 

SECOND.  It  is  further  agreed  that  said  stock  shall  not  be 
delivered  to  any  person  or  persons  by  said  Thomas  W.  Ames 
during  said  term,  except  upon  the  written  order  of  said  F.  C.  Dean, 
and  that  at  the  expiration  of  said  term  Thomas  W.  Ames  shall 
deliver  said  shares  to  said  party  of  the  first  part. 

IN  WITNESS  WHEREOF,  the  parties  hereto  have  hereunto 
set  their  hands  and  seals  the  day  and  year  first  above  written. 

SIGNED,   SEALED  AND  DELIVERED 
IN  THE  PRESENCE  OF: 


78  Legal  Forms 

45 

(AGREEMENT  OF  CREDITORS) 

KNOW  ALL  MEN   BY  THESE   PRESENTS: 

THAT  WHEREAS,  CHARLES  FISHER  is  justly  indebted 
'  to  us,  his  several  creditors,  in  divers  sums  of  money,  which  are 
set  opposite  to  our  names  respectively,  and  which  by  reason  of 
his  insolvency,  he  is  unable  to  pay  in  full, 

NOW  THEREFORE,  We,  the  undersigned,  for  and  in 
consideration  of  the  mutual  covenants  and  agreements  herein- 
after set  forth,  and  of  the  sum  of  One  Dollar 1  to  each  of  us  in 
hand  paid  by  the  said  Charles  Fisher,  the  receipt  whereof  is 
hereby  acknowledged,  hereby  agree  to  accept  thirty  cents  on 
the  dollar  in  full  satisfaction  and  discharge  of  our  several  and 
respective  debts,  as  follows  :  One-third  thereof  within  three 
months  from  the  date  hereof,  one-third  thereof  within  six  months 
from  the  date  hereof  and  one-third  thereof  within  nine  months 
from  the  date  hereof,  and  each  of  the  said  instalments  shall  be 
evidenced  by  the  promissory  note  of  the  said  Charles  Fisher. 

THE  said  Charles  Fisher  hereby  agrees  to  deposit  on  the  1st  day 
of  each  and  every  month  hereafter,  until  the  final  payment  as 
herein  provided  for  is  made,  with  WILLIAM  R.  SMITH,  the  sum 
of  one  hundred  dollars,  which  the  said  Smith  is  to  apply  to  the 
payment  of  the  notes  given  hereunder. 

IF  the  said  Fisher  shall  fail  to  make  said  deposit  on  the  1st  day 
of  any  month,  then  all  of  the  notes  given  hereunder  shall  at  once 
become  due  and  payable,  anything  to  the  contrary  in  said  notes 
contained  notwithstanding,  and  this  agreement  to  become  null 
and  void. 

IN  WITNESS  WHEREOF,  we  have  hereunto  set  our  hands 
and  seals,  this  day  of  1910. 


1    One  Dollar,  the  "  consideration  "  without  which  a  contract  or  agreement  is  void. 


Legal  Forms  79 

46 

(POWER  OF  ATTORNEY) 


A  Power,  letter,  or  warrant,  of  attorney  is  a  "  written  authority  from 
one  person  empowering  another  to  transact  business  for  him." 

An  Attorney  is  "  one  who  is  legally  appointed  by  another  to  transact 
any  business  for  him."  Such  an  one  is  called  an  attorney  in  fact.  "  A  legal 
agent  qualified  to  act  for  suitors  and  defendants  in  legal  proceedings  is 
called  an  attorney  in  law." 


KNOW  ALL  MEN   BY  THESE   PRESENTS: 

THAT  I,  ARTHUR  T.  SPRAGUE,  have  made,  constituted 
and  appointed,  and  by  these  presents  do  make,  constitute  and 
appoint,  HERMAN  McINTIRE  my  true  and  lawful  attorney, 
for  me  and  in  my  name,  place  and  stead. 

GIVING  AND  GRANTING  unto  my  said  attorney  full 
power  and  authority  to  do  and  perform  all  and  every  act  and 
thing  whatsoever  requisite  and  necessary  to  be  done  in  and  about 
the  premises,  as  fully  to  all  intents  and  purposes  as  I  might  or 
could  do  if  personally  present,  with  full  power  of  substitution  and 
revocation,  hereby  ratifying  and  confirming  all  that  my  said 
attorney  or  his  substitute  shall  lawfully  do  or  cause  to  be  done 
by  virtue  thereof. 

IN  WITNESS  WHEREOF,  I  have  hereunto  set  my  hand 
and  seal  the  10th  day  of  January,  1910. 

SEALED  AND  DELIVERED 
IN  THE  PRESENCE  OF: 

(Usual  Acknowledgment.) 


8o  Legal  Forms 

47 

(ANOTHER   FORM   OF  POWER  OF  ATTORNEY) 

KNOW  ALL  MEN   BY  THESE   PRESENTS: 

THAT  I,  ALFRED  TAYLOR,  of  the  City,  County  and  State 
of  New  York,  have  made,  constituted,  and  appointed,  and  by 
these  presents  do  make,  constitute,  and  appoint  CHARLES 
WHEELER,  of  the  same  place,  my  true  and  lawful  attorney 
for  me  and  in  my  name,  place  and  stead,  to  buy  and  sell  all  goods, 
wares  and  merchandise,  and  to  pay  for  the  same  either  in  cash 
or  in  credit,  to  collect  all  debts  and  claims  due  and  payable  to  me, 
and  to  compromise  any  or  all  such  claims  and  demands,  and  to 
deposit  money  in,  and  to  draw  and  endorse  any  and  all  checks 
and  drafts  for  any  sum  or  sums  of  money  on  any  and  all  bank 
and  banks,  and  to  collect  the  amounts  thereof,  and  to  make, 
sign  and  endorse  any  and  all  promissory  note  or  notes,  and  offer 
the  same  for  discount,  GIVING  AND  GRANTING  unto  my 
said  attorney  full  power  and  authority  to  do  and  perform  all  and 
every  act  or  thing  whatsoever  requisite  and  necessary  to  be  done 
in  and  about  the  premises  as  fully  to  all  intents  and  purposes 
as  I  might  or  could  do  if  personally  present,  with  full  power  of 
substitution  and  revocation,  hereby  ratifying  and  confirming  all 
that  my  said  attorney  or  his  substitute  shall  lawfully  do  or  cause 
to  be  done  by  virtue  hereof. 

IN  WITNESS  WHEREOF,  I  have  hereunto  set  my  hand 
and  seal  this  day  of  ,  one 

thousand,  nine  hundred  and  ten. 

SEALED  AND  DELIVERED 
IN  THE  PRESENCE  OF: 

(Usual  Acknowledgment.) 


Legal  Forms  81 

48 

(RELEASE   FROM  COPARTNERSHIP   LIABILITY) 


KNOW  ALL  MEN   BY  THESE   PRESENTS: 

WHEREAS,  the  late  copartnership  firm  of  E.  J.  Stern  &  Son, 
of  the  City  of  New  York,  are  indebted  to  me,  the  undersigned 
Charles  Lewin,  of  the  City  of  New  York,  in  the  sum  of  Five 
thousand  dollars,  by  virtue  of  a  judgment  made  and  entered 
in  the  City  Court  of  the  State  of  New  York,  on  the  7th  day  of 
October,  1908,  in  an  action  wherein  said  Charles  Lewin  was  the 
plaintiff  and  the  late  firm  were  defendants ;  and 

WHEREAS,  the  said  copartnership  has  been  dissolved  ;   and 

WHEREAS,  I  have  agreed  with  Edward  A.  Stern,  a  member 
of  the  said  firm,  to  compound  or  compromise  my  claim  on  him 
individually  in  respect  of  the  said  indebtedness  to  me  of  the  said 
firm  for  the  sum  of  six  hundred  and  fifty  dollars, 

NOW,  THEN,  in  consideration  of  the  sum  of  Six  hundred  and 
fifty  dollars  ($650.)  to  me,  the  said  Charles  Lewin,  paid  by  the 
said  Edward  A.  Stern,  at  or  before  the  time  of  subscribing  this 
release,  I,  the  said  Charles  Lewin,  do  hereby,  according  to  the 
statute  in  such  case  made,  release  and  exonerate  the  said  Edward 
A.  Stern  of  and  from  all  liability  incurred  by  him  by  reason  of 
his  connection  with  said  copartnership.  Provided,  however, 
that  this  present  release  is  made  pursuant  to  Section  1942  of  the 
Code  of  Civil  Procedure,  and  shall  have  no  greater  or  other  effect 
than  as  by  the  said  Act  and  by  this  release  is  provided. 

WITNESS  my  hand,  this  day  of  June,  1909. 


6— (403) 


82  Legal  Forms 

49 

(RELEASE) 

KNOW  ALL  MEN   BY  THESE   PRESENTS: 

THAT  I,  ,  for  and  in  consideration 

of  the  sum  of  dollars,  lawful  money  of  the 

United  States  of  America,  to  me  in  hand  paid  by 
the  receipt  whereof  is  hereby  acknowledged,  have  remised, 
released  and  forever  discharged,  and  by  these  presents  do 
for  myself,  my  heirs,  executors  and  administrators  remise, 
release  and  forever  discharge  the  Union  Square  Company  of 
New  York,  its  successors  or  assigns,  of  and  from  all  and  all 
manner  of  action  and  actions,  cause  and  causes,  of  action, 
suits,  debts,  dues,  sums  of  money,  accounts,  reckonings, 
bonds,  bills,  specialties,  covenants,  contracts,  controversies, 
agreements,  promises,  variances,  trespasses,  damages,  judg- 
ments, extents,  executions,  claims  and  demands  whatsoever, 
in  law  or  in  equity,  which  against  the  Union  Square  Company 
I  have  ever  had,  now  have,  or  which  my  heirs,  executors  or 
administrators  hereafter  can,  shall  or  may  have,  for,  upon 
or  by  reason  of  any  matter,  cause  or  thing  whatsoever,  from 
the  beginning  of  the  world  to  the  date  of  these  presents, 
and  including  especially  and  particularly  any  and  all  claim 
which  I  may  have,  by  reason  of  an  accident  which  occurred 
to  me,  while  in  the  employ  of  and  upon  the  premises  of  the 
said  Union  Square  Company,  and  whereby  and  as  a  result 
whereof  I  have  been  deprived  by  amputation  of  one  of  my 
limbs. 

IN  WITNESS  WHEREOF  I  have  hereunto  set  my  hand 
and  seal  this  day  of  ,  1909. 


Legal  Forms  83 


1  SOME  WESTERN  LEGAL  FORMS 

(COURT  DOCUMENTS) 

(NOTE. — In  California  Court  documents  are  not  folioed  unless  so 

4  directed  by  the  court  in  which  the  case  is  being  tried  ;    on  the  other 

5  hand  it  is  customary  in  that  State  to  write  legal  documents  on  long 
g     paper  with  numbered  lines,  usually  34  lines  to  a  page.     This  is  done 
„     in  New  York  State  only  for  cases  on  appeal.     The  square  paper,  8^ 
•       X  10£,  is  coming  more  and  more  into  use  all  over  the  country.) 

50 

!0  (A  CALIFORNIA  COMPLAINT) 

Instead  of   calling   the   heading   the    "  Caption,"   it   is  called   in 
California  "  Title  of  the  Court  and  Cause." 

Observe  the  absence  of  a  top  line  to  the  "  box." 

13  Notice   the   names    of   John   Doe,   etc.,   in  the   title.     These  are 

14  fictitious  names  always  used  in  court  documents  when  the  real  names 
ic     °f  parties  are  not  known. 

16  IN   THE    SUPERIOR   COURT   OF   THE    STATE   OF 

17  CALIFORNIA,  IN   AND  FOR  THE  COUNTY 

18  OF   KERN 

19    


20  FRESNO  MIDWAY  OIL  AND  LAND  COMPANY 

21  (a  Corporation), 

22  Plaintiff, 

23  vs. 

24  W.  P.  CUNNINGHAM,  H.  A.  KING,  JOHN  DOE, 

25  RICHARD  ROE,  CHARLES  DOE,  FRED  ROE, 

26  HARRY  BLACK  and  DICK  BLUE, 

27  Defendants. 

28    -, 


29  Plaintiff  complaining  alleges  : 

30  I 

31  That  at  all  the  times  herein  mentioned,  it  was  and  is  now 

32  a  corporation,  organized  and  existing  under  the  laws  of  the 

33  State  of  California. 

34  II 

35  That  on  the  15th  day  of  June,  1908,  plaintiff  was,  and  for 

36  a  long  time  prior  thereto,  had  been  in  the  open,  notorious, 

37  peaceable,  actual,  and  exclusive  possession  of  all  that  certain 

38  piece  or  parcel  of  land  described  as  follows,  to  wit :    The 

39  south-east  quarter  of  section  14,  Township  32  South,  Range 

40  23  East,  Mount  Diablo,  Base  and  Meridian,  Kern  County, 

41  California,    and   of   the    dwelling   houses,    structures   and 

42  improvements  thereon. 


84  Legal  Forms 


1  III 

2  That  on  said  15th  day  of  June,  1908,  and  while  the  plaintiff 

3  was  so  in  the  actual  and  peaceable  possession  of  said  land 

4  and  premises,  the  defendants  with  violence  and  by  force 

5  entered  thereon  and  in  a  forcible  manner  ousted  said  plaintiff 

6  from  said  land  and  premises. 

7  IV 

8  That  the  said  defendants  unlawfully  withhold  and  keed 

9  possession  of  said  land  and  premises,  and  have  so  held  and 

10  kept  possession  of  the  same  at  all  times  since  the  said 

11  15th  day  of  June,  1908. 

12  And  for  a  further  and  separate  cause  of  action  against 

13  defendants,  plaintiff  alleges  : 

14  I 

15  That  at  all  the  times  herein  mentioned  it  was  and  is  now 

16  a  corporation,  organized  and  existing  under  the  laws  of  the 

17  State  of  California. 

18  II 

19  That  on  the  15th  day  of  June,  1908,  plaintiff  was  entitled 

20  to   the   possession   of    the   following   described  land   and 

21  premises,  to  wit :    The  south-east  quarter  of  Section  14, 

22  Township  32  South,  Range  23  East,  Mount  Diablo,  Base 

23  and  Meridian,  Kern  County,  California,  and  of  the  dwelling 

24  houses,  structures  and  improvements  thereon. 
25 

26  III 

27  That  on  the  said  15th  day  of  June,  1908,  the  defendants 

28  by  force  and  violence,  and  without  the  right  so  to  do,  entered 

29  and  took  possession  of  the  same,  and  from  that  day  hitherto 

30  have  kept  and  still  hold  and  keep  possession  of  the  same 

31  unlawfully  and  by  force,  contrary  to  the  Statute  in  such  case 

32  made  and  provided. 

33  And  for  a  further,  separate  and  distinct  cause  of  action 

34  against  defendants,  plaintiff  alleges  : 
35 

36  I 

37  That  at  all  the  times  herein  mentioned,  it  was  and  is  now 

38  a  corporation,  organized  and  existing  under  the  laws  of  the 

39  State  of  California. 

40  II 

41  That  on  the  15th  day  of  June,  1908,  plaintiff  was  and  for 

42  a  long  time  prior  thereto  had  been  in  the  open,  notorious, 


Legal  Forms  85 


1  peaceable,  actual  and  exclusive  possession  of  all  that  certain 

2  piece,  or  parcel  of  land,  described  as  follows,  to  wit :    the 

3  north-east  quarter  of  Section  14,  Township  32  South,  Range 

4  23  East,  Mount  Diablo,  Base  and  Meridian,  Kern  County, 

5  California,    and   of  the   dwelling  houses,   structures,    and 

6  improvements  thereon. 

Ill 

8  That  on  said  15th  day  of  June,   1908,  and  while  the 

9  plaintiff  was  so  in  the  actual  and  peaceable  possession  of  said 

10  land  and  premises,  the  defendants  with  violence  and  by  force 

11  entered  thereon,   and  in   a  forcible  manner   ousted  said 

1 2  plaintiff  from  said  land  and  premises. 

13  IV 

14  That  the  said  defendants  unlawfully  withhold  and  keep 

15  possession  of  said  land  and  premises,  and  have  so  held  and 

16  kept  possession  of  the  same  at  all  times  since  the  said  15th 

17  day  of  June,  1908. 

18  And  for  a  further  and  separate  cause  of  action  against 

19  defendant,  plaintiff  alleges  : 

20  I 

21  That  at  all  the  times  herein  mentioned,  it  was  and  is  now 

22  a  corporation,  organized  and  existing  under  the  laws  of  the 

23  State  of  California. 

24  II 

25  That  on  the  15th  day  of  June,  1908,  plaintiff  was  entitled 

26  to  the  possession  of  the  following  described  land  and  premises, 

27  to  wit :   the  north-east  quarter  of  Section  14,  Township  32 

28  South,  Range  23  East,  Mount  Diablo,  Base  and  Meridian, 

29  Kern    County,    California,    and   of   the    dwelling   houses, 

30  structures,  and  improvements  thereon. 

31  III 

32  That  on  said  15th  day  of  June,  1908,  the  defendants  by 

33  force  and  violence,  and  without  the  right  so  to  do,  entered 

34  and  took  possession  of  the  same  and  from  that  day  hitherto 

35  have  kept  and  still  hold  and  keep  possession  of  the  same 

36  unlawfully,   and  by  force,  contrary  to  the  form  of  this 

37  Statute  in  such  case  made  and  provided. 

38  WHEREFORE,  plaintiff  prays  judgment  against  defend- 

39  ants  for  the  recovery  and  restitution  of  possession  of  said 

40  lands  and  premises  and  its  cost  of  suit. 

41  Geo.   L.   Whitaker, 

42  Attorney  for  Plaintiff. 


86  Legal  Forms 


1  STATE  OF  CALIFORNIA,  j 

2  COUNTY  OF  KERN,      j     ' 
3 

4  E.  J.  BOUST,  being  first  duly  sworn,  deposes  and  says  : 

5  That  he  is  an  officer  of  the  plaintiff  herein,  to  wit :  a  Director 

6  thereof,  and  is  also  the  agent  and  attorney  in  fact  of  said 

7  plaintiff,  and  as  such  makes  this  affidavit  on  behalf  of  said 

8  plaintiff  ;    that  he  has  read  the  foregoing  Complaint  and 

9  knows  the  contents  thereof  ;    and  that  the  same  is  true  of 

10  his  own  knowledge  except  as  to  those  matters  therein  stated 

11  on  information  and  belief,  and  as  to  those  matters  he  verily 

12  believes  it  to  be  true. 
13 

14  Subscribed  and  sworn  to  before   )  F    T    R       , 

15  me  this  29th  day  of  June,  1908.     /  *"  J>  J 
16 

I.  L.  Miller, 

County  Clerk  in  and  for  the  County  of  Kern, 
19  State  of  California. 

20 

21  (SEAL)  By  BedeU  Smith, 

22  Deputy  Clerk. 

23  No.  5813. 

24  Complaint  filed  June  29,  1908. 
25 

26 
27 
28 
29 
30 
31 
32 
33 
34 
35 
36 
37 
38 
39 
40 
41 
42 


Legal  Forms  87 

51 

(DEMURRER) 

A  Demurrer  is  "  a  stop  or  pause  by  a  party  to  an  action,  for  the 
judgment  of  the  court  on  the  question,  whether,  assuming  the  truth 
of  the  matter  alleged  by  the  opposite  party,  it  is  sufficient  in  law  to 
sustain  the  action  or  defense,  and  hence  whether  the  party  resting  is 
bound  to  answer  or  proceed  further." 


IN  THE  SUPERIOR  COURT  OF  THE  STATE  OF 
CALIFORNIA,  IN  AND  FOR  THE  COUNTY  OF  KERN 


CHARLES  YOTTNG, 

Plaintiff, 
vs. 

THE   PENNSYLVANIA   FIRE   INSURANCE 
COMPANY  (a  Corporation). 

and 

THE  NORTH-WESTERN  NATIONAL  INSURANCE 
COMPANY  (a  Corporation), 

Defendants. 


>    No.  5690. 


Now  comes  the  Pennsylvania  Fire  Insurance  Company, 
one  of  the  defendants  in  the  above  entitled  action,  and 
demurs  to  plaintiff's  Complaint  on  file  herein,  and  for 
grounds  of  demurrer  specifies  : 

I 

That  said  Complaint  does  not  state  facts  sufficient  to 
constitute  a  cause  of  action. 

II 

(a)  That  said  Complaint  is  uncertain  in  this,  that  it 
cannot  be  ascertained  therefrom  what  are  the  facts  upon 
which  the  allegation  in  Paragraph  VI  of  said  Complaint, 
that  the  policy  of  insurance  therein  referred  to  "  remained 
in  full  force,"  is  based. 

(b)  That  it  cannot  be  ascertained  therefrom  what  are  the 
facts  upon  which  the  allegation  in  Paragraph  VII  of  said 
Complaint  that  the  said  policy  "  was  in  full  force  "  is  based. 


Legal  Forms 


1  (c)  That  it  cannot  be  ascertained  therefrom  what  are  the 

2  facts  upon  which  the  allegation  in  Paragraph  XII  of  said 

3  complaint,  "  that  said  plaintiff  was  deceived  and  led  to 
.   4    believe,"  etc.,  is  based. 

5 

6  (d)  That  it  cannot  be  ascertained  therefrom  what  are  the 

7  acts  which  led  the  plaintiff  to  believe  that  the  said  policy 

8  was  valid  as  alleged  in  Paragraph  XIX  of  said  Complaint. 
9 

10  WHEREFORE  said  defendant  prays  to  be  hence  dismissed 

11  with  its  costs. 
12 

13  

14  Attorneys  for  said  Defendant. 
15 

16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
30 
31 
32 
33 
34 
35 
36 
37 
38 
39 
40 
41 
42 


Legal  Forms  89 

52 

1  IN  THE  SUPERIOR  COURT  OF  THE  COUNTY  OF 

2  KERN,  STATE  OF  CALIFORNIA 

3 

4  . 


AMENDED 
COMPLAINT 


5  C.  F.  BENNETT, 

6  Plaintiff, 

7  vs. 

8  ZENDA  MINING  AND  MILLING  COMPANY 

9  (a  Corporation), 

10  Defendant. 

11     

12 

13  By  leave  of  Court  first  had,  plaintiff  files  this  his  Amended 

14  Complaint  against  defendant  herein,  and  for  cause  of  action 

15  alleges  : 
16 

17  I 

18 

19  That  defendant  is,  and  at  all  the  times  herein  mentioned 

20  was,    a    corporation,    duly    incorporated,    organized    and 

21  existing  under  the  laws  of  the  State  of  California. 
22 

23  II 

24 

25  That  defendant  is  indebted  to  plaintiff  in  the  sum  of  One 

26  hundred  and  eighty-seven  and  96/100  ($187.96)  Dollars,  for 

27  balance  of  an  account  for  cash  advanced  and  paid  out  by 

28  plaintiff  for  defendant,  and  for  hauling  freight  by  plaintiff 

29  for    defendant,    all    at    defendant's    special    instance    and 

30  request,  within  the  two  years  last  past,  and  at  and  in  said 

31  County  of  Kern,  State  of  California. 
32 

33  III 

34 

35  That  no  part  of  said  balance  of  account  has  ever  been  paid. 

36  WHEREFORE,  plaintiff  prays  judgment  against  defend- 

37  ant  for  the  sum  of  One  hundred  and  eighty-seven  and  96/100 

38  ($187.96)  Dollars,  and  costs  of  action. 
39 

40  

41  Attorneys  for  Plaintiff. 
42 


90  Legal  Forms 


1  STATE  OF  CALIFORNIA,  ) 

2  COUNTY  OF  KERN.    I     '  ' 
3 

4  C.  F.  Bennett,  being  by  me  first  duly  sworn,  deposes  and 

5  says  :   that  he  is  the  plaintiff  in  the  within  entitled  action  ; 

6  that  he  has  read  the  foregoing  Amended  Complaint,  and 

7  knows  the  contents  thereof,  and  that  the  same  is  true  of  his 

8  own  knowledge  except  as  to  such  matters  as  are  therein 

9  stated  upon  information  and  belief,  and  as  to  those  matters 
10    he  believes  it  to  be  true. 

11 

12  Subscribed  and  sworn  to  before  me,} 

13  this      day  of        1909.  ' 
14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25  < 

26 

27 

28 

29 

30 

31 

32 

33 

34 

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36 

37 

38 

39 

40 

41 

42 


Legal  Forms                                      91 

53 

1     (ORDER  PERMITTING  AMENDED  COMPLAINT 

2                                  TO  BE  FILED) 

3 

4 

5 

6      IN  THE  SUPERIOR  COURT  OF  THE  COUNTY  OF 

7 

8                      KERN,   STATE  OF  CALIFORNIA 

9 

10 

11 

JO                                                                                                                                 > 

13    C.  F.  BENNETT, 

ORDER 

14                                               Plaintiff, 

PERMITTING 

15                                   vs. 

AMENDED 

16    ZENDA  MINING  AND  MILLING  COMPANY 

COMPLAINT 

17         (a  Corporation), 

TO  BE   FILED 

18                                             Defendant. 

19 

20 

21 

22 

23        Upon  application  of  plaintiff's  attorneys,  and  good  cause 

24     appearing  therefor,  it  is  ordered  that  plaintiff  be  and  hereby 

25     is  allowed  to  file  an  Amended  Complaint  in  the  above  entitled 

26     action. 

27 

28 

29 

30 

31 

32                                                         Judge  of  the  Superior  Court. 

33 

34 

35 

36    Dated,  March               ,  1909. 

37 

38 

, 

39 

40 

41 

42 

92  Legal  Forms 

54 

1      (CALIFORNIA  AFFIDAVIT  OF  SERVICE  BY  MAIL) 
2 

3  IN  THE  SUPERIOR  COURT  OF  THE  COUNTY  OF 

4  KERN,   STATE  OF  CALIFORNIA 
5 

6    


7  C.  F.  BENNETT, 

8  Plaintiff, 

9  vs. 

10  ZENDA  MINING  AND  MILLING  COMPANY 

11  (a  Corporation), 

12  Defendant. 

13    


AFFIDAVIT 

OF   SERVICE 

BY  MAIL 


14  STATE  OF  CALIFORNIA,) 

15  COUNTY  OF  KERN.    J     '  ' 
16 

17  VIERA    COLE,  being  first  duly  sworn,  says  : 

18  That  she  is  over  the  age  of  eighteen  years  and  resides 

19  at  Bakersfield,  California  ;    that  C.  L.  Claflin,  and  W.  B. 

20  Beaizley,  are  the  attorneys  of  record  for  the  plaintiff  in  the 

21  above  entitled  action,  and  have  their  office  at  Bakersfield, 

22  California,  and  that  affiant  is  the  clerk  of  said  attorneys  ; 

23  that  Messrs.  Waterman  and  Wood  and  L.  P.  Green,  are  the 

24  attorneys  for  the  defendant  in  said  action,  and  have  their 

25  office  at  420  to  424  Wilcox  Building,  No.  206  South  Spring 

26  Street,  Los  Angeles,  California  ;    that  in  each  of  said  two 

27  places,  to  wit  :    Bakersfield,  and  Los  Angeles,  California, 

28  there  is  a  United  States  post-office,  and  that  between  each 

29  of  said  two  places  there  is  a  regular  daily  communication  by 

30  mail ;    that  on  the  15th  day  of  September,   1908,  affiant 

31  served  the  annexed  notice  of  decision  and  entry  of  judgment 

32  upon  the  said  Messrs.  Waterman  &  Wood  and  L.  P.  Green, 

33  said  attorneys  for  defendants,  by  then  depositing  in  the 

34  United  States  post-office  at  said  Bakersfield,  a  full,  true  and 

35  correct  copy  of  said  notice  enclosed  in  a  sealed  envelope 

36  addressed  to  the  said  Messrs.   Waterman  &  Wood,   and 

37  L.  P.  Green,  at  420  to  424  Wilcox  Building,  No.  206  South 

38  Spring  St.,  and  prepaying  the  postage  thereon. 

39  Subscribed  and  sworn  to  before  me, ) 

40  this  15th  day  of  September,  1909.     I 
41 

42 


Legal  Forms 


93 


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55 

(CALIFORNIA  ANSWER) 

IN  THE  JUSTICE'S  COURT  OF  THE  THIRD 
TOWNSHIP,   KERN    COUNTY,   CALIFORNIA 


J.  F.  BLALOCK, 


Plaintiff, 


vs. 


SOUTHERN  PACIFIC  COMPANY  (a  Corporation), 
SOUTHERN  PACIFIC  RAILROAD  COMPANY  (a 
Corporation),  and  ATCHISON,  TOPEKA  AND 
SANTA  FE  RAILWAY  COMPANY  (a  Corporation), 

Defendants. 


Come  now  the  defendants,  Southern  Pacific  Company  and 
Southern  Pacific  Railroad  Company,  and  for  their  answer 
to  the  complaint  of  plaintiff  on  file  in  the  above  entitled 
action,  deny  and  allege  as  follows  : 

Deny  that  on  or  about  the  12th  day  of  November,  1908, 
or  at  any  other  time,  the  plaintiff  was  the  owner  or  possessed 
of  the  cow  described  in  his  complaint,  and  deny  that  the  said 
cow  was  worth  sixty-five  dollars,  or  any  other  sum  of  money. 

Deny  that  on  or  about  the  12th  day  of  November,  1908, 
the  plaintiff  was  the  occupant  or  licensee,  or  otherwise 
entitled  to  the  possession,  of  a  certain  tract  of  land  in  the 
Third  Township,  County  and  State  aforesaid,  situated  next 
to  the  right  of  way  of  these  defendants  or  either  of  them,  or 
to  the  land  of  these  defendants  or  either  of  them  upon  which 
they  or  either  of  them  maintained  a  railroad  track,  as 
alleged  in  the  complaint,  or  otherwise. 

Deny  that  the  cow  mentioned  in  the  said  complaint 
casually,  or  without  the  fault  of  the  said  plaintiff,  strayed 
in  or  upon  the  track  or  ground  occupied  by  these  defendants 
or  either  of  them,  from  the  land  occupied  by  the  said  plaintiff, 
or  upon  which  the  plaintiff  had  any  right  to  keep  said  cow. 

For  a  further  and  separate  defense  to  the  said  cause  of 
action  stated  in  plaintiff's  complaint,  these  defendants 


94  Legal  Forms 


1  allege  that  the  cow  mentioned  in  the  said  complaint  was 

2  killed  within  the  limits  of  the  station  grounds  of  the  station 

3  of  Kern  at  a  point  on  the  said  track  where  neither  of  these 

4  defendants  was  obligated  by  law  or  otherwise  to  maintain 

5  said  fence,  or  any  fence. 
6 

7  For  a  further  and  separate  defense  to  the  cause  of  action 

8  stated  in  plaintiff's  complaint,  these  defendants  allege  that 

9  the  above  entitled  Court  has  no  jurisdiction  of  the  said  cause 

10  of  action,  and  no  right  to  try  the  issues  between  the  plaintiff 

11  and  these  defendants,   for  the  reason  that  the  right  of 

12  possession  of  land  is  necessarily  involved. 
13 

14  WHEREFORE,  these  defendants  pray  that  the  plaintiff 

15  take  nothing  by  this  action,  but  that  these  defendants  have 

16  judgment  for  their  costs,  and  for  such  other  or  further  relief 

17  as  may  be  proper  in  the  premises. 
18 

19  FRED  E.   BORTON, 

20  Attorney  for  Defendants  above  named. 
21 

22  STATE  OF  CALIFORNIA,) 

23  COUNTY  OF  KERN.    / 
24 

Fred  E.  Borton,  being  first  duly  sworn,  says  :    that  the 

26  above  named  defendants  are  corporations,   and  have  no 

27  officer  or  agent  within  this  county  qualified  to  make  this 

28  affidavit ;  that  affiant  is  attorney  for  said  defendants  in  this 

29  action,  and  makes  this  affidavit  in  their  behalf  by  reason 

30  of  the  above  facts.     That  affiant  has  read  the  portion  of  the 

31  said     answer    denominated    "  A    Further    and     Separate 

32  Defense,"  commencing  on  line  14  of  page  2  of  the  said 

33  answer,  and  ending  with  the  word  "  involved  "  on  line  21 

34  of  the  said  page  2,  and  knows  the  contents  thereof,  and  that 

35  the  said  is  true  of  his  own  knowledge. 
36 

37  FRED  E.   BORTON. 
38 

39  Subscribed  and  sworn  to  before  me, 

40  this  16th  day  of  October,  1908. 

41  A.  F.  LIGHTNER, 

42  N.  P.,  etc. 


Legal  Forms 

95 

56 

1 

2 

(NOTICE  OF  TRIAL) 

3 

IN  THE  SUPERIOR  COURT  OF  THE 

STATE  OF 

4 
5 

CALIFORNIA,  IN  AND  FOR  THE  COUNTY  OF 
LOS  ANGELES 

6 
7 
8 
9 
10 

MATTIE  S.  FARNUM, 
Plaintiff, 
vs. 

11 
12 

KERN   VALLEY  BANK  (a  Corporation),  and 
RONALD  MCDONALD, 

13 
14 
15 

Defendants. 

* 

16 

To  the  above  named  defendants  and  to  Matthew  S.  Platz, 

17 
18 

their  attorney  :  You  and  each  of  you  will  please  take  notice 
that  the  above  entitled  cause  has  been  set  for  trial  before 

19 
20 
21 

the  above  entitled  Court  in  the  Court  Room  of  Department  2 
thereof,  for  Friday,  the  first  day  of  November,  1908,  at  the 
hour  of  10  A.M. 

22 
23 
24 
25 
26 
27 

Attorneys  for  Plaintiff 

above  named. 

28 

29 

30 

31 
32 
33 
34 
35 
36 

1  RECEIVED  a  copy  of  the  foregoing  Notice  this  30th 
day  of  October,  1908. 

Attorney  for  Defendants. 

37 

38 
39 
40 
41 
42 

1  The  following  various  forms  of  Admission  of  Service  are  employed  in  California  : 
"  Received  copy  of  the  within                           this               day  of                       ,  190    ." 
"  Due  service  of  the  within                           admitted  this                   day  of                1908." 

Admissions  of  Service,  as  well  as  Verifications,  are  frequently  printed  on  the  inside  of  the 
"  back." 

96  Legal  Forms 

57 

1  (CALIFORNIA  BRIEF) 

2 

3  IN  THE  SUPERIOR  COURT  OF  THE  STATE  OF 

4  CALIFORNIA,  IN  AND  FOR  THE  COUNTY   OF 

5  LOS  ANGELES 
6 

7     


DEFENDANT'S 

POINTS  AND 

AUTHORITIES 


8  C.  F.  BENNETT, 

9  Plaintiff, 

10  vs. 

1 1  ZENDA  MINING  AND  MILLING  COMPANY 

12  (a  Corporation), 

13  Defendant. 

14     

15 

16  Plaintiff's  books  show  and  plaintiff  testified  that  prior 

17  to  February  23rd,  1907,  he  had  various  transactions  with  the 

18  defendant,  all  of  which  had  been  settled  ;  that  on  that  date 

19  all  previous  accounts  had  been  closed,  except  that  one  item 

20  of  $2.00,  for  hauling  a  dog  from  defendant's  mine  to  Caliente, 

21  had  never  been  adjusted.     The  transactions  involved  in  this 

22  action  commenced  on   February   16th   and  continued  to 

23  March  7th,  1908,  the  date  on  which  Van  Waggonen  aban- 

24  doned  his  lease  and  left  the  country.     The  question  at  issue 

25  is  purely  one  of  law,  and  having  asserted  that  Van  Waggonen 

26  was  the  ostensible  agent  of  the  defendant,  it  is  incumbent 

27  upon  the  plaintiff  to  meet  all  the  requirements  of  the  law 

28  to  show  that  relation.  .  .  .     Plaintiff  has  long  since  ceased 

29  business  relations  with  defendant,  and  had  no  authority  to 

30  act  for  it  further.     If  he  elected  to  rely  and  act  upon  the 

31  assumed  authority  of  Van  Waggonen,   a  total  stranger, 

32  without  ascertaining  Van  Waggonen's  true  relation  toward 

33  defendant,  and  the  extent  and  nature  of  his  authority,  as 

34  he  was  legally  bound  to  do,  he  acted  solely  at  his  own  risk. 

«5D 

36 

37  OSTENSIBLE  AGENCY 

38 

An  agency  is  ostensible  when  the  principal  intentionally, 

40  or  by  want  of  ordinary  care,  causes  a  third  person  to  believe 

41  another  to  be  his  agent  who  is  not  really  employed  by  him. 
42 


Legal  Forms  97 


1  Sec.  2300,  C.C. 

Ostensible  authority  is  such  as  a  principal,  intentionally 

3  or  by  want  of  ordinary  care,  causes  or  allows  a  third  person 

4  to  believe  the  agent  to  possess. 
5 

6  Sec.  2317  C.C. 

To  obtain  judgment  against  defendant  it  was  necessary  for 

8  plaintiff  to  show  the  existence  of  a  contract  and  promise, 

9  either  expressed  or  implied,  made  in  person  or  through  an 

10  agent  on  the  part  of  the  defendant  to  pay  for  the  goods. 

11  Gosliner  and  Granger,  Bank  of 

12  Cal.,  124  Cal.  225-8. 
13 

14  DECLARATION   AND   ACTS  OF  AGENT 
15 

16  Where  one  without  authority  assumes  to  act  as  agent,  he 

17  makes  himself  liable  as  principal. 

18  Terwilliger  vs.  Murphy,  3  N.E.  404. 

19  Pratt  vs.  Beaupre,  10  Minn.  187. 

20  The  burden  of  showing  the  existence  of  an  agency  is  upon 

21  the  party  who  alleges  it. 

John  vs.  Kelley,  50  111.  App.  570. 

23  That  receipts  were  signed  by  one  as  agent  does  not  prove 

24  that  he  is  an  agent 

Donan  vs.  Mitchell,  26  Ga.  472. 

26  Whoever  deals  with  an  agent  is  put  on  his  guard  by  that 

27  very  fact,  and  does  so  at  his  risk.     It  is  his  right  and  duty 

28  to  inquire  into  and  ascertain  the  nature  and  extent  of  the 

29  powers  of  the  agent,  and  to  determine  whether  the  act  or 

30  contract   about   to   be   consummated   comes   within   the 

31  province  of  the  agency,  and  will  or  will  not  bind  the  principal. 

Chaffee  vs.  Stubbs,  37  La.  Ann.  656. 

33  Plaintiff  has  shown  no  law  or  authority  on  which  to  base 

34  a  recovery,  and  defendant,  under  the  principles  established 

35  by  the  foregoing  authorities,   conclusively  shows  to  this 

36  Court  that  defendant  is  entitled  to  judgment  for  its  costs 

37  herein  expended. 
38 

39  Respectfully  submitted, 
40 

41  

42  Attorneys  for  Defendant. 


7— (403) 


98  Legal  Forms 

58 

1  (FINDINGS) 

2  The  result  of  a  judicial    examination  or  inquiry,  especially  into 

3  some  matter  of  fact. 

4  IN  THE  SUPERIOR  COURT  IN  AND  FOR  THE 

5  COUNTY  OF  LOS  ANGELES,  STATE  OF  CALIFORNIA 
6 


7  MATTIE  S.  FARNUM, 

8  Plaintiff, 

9  vs. 

10  KERN   VALLEY   BANK   (a  Corporation), 

11  R.  MCDONALD,  JOHN  DOE,  RICHARD  ROE, 

12  HENRY  BLACK  AND  ANNA  BLACK, 

13  Defendants. 
14 


FINDINGS 


15  The  above  entitled  action  came  on  duly  and  regularly  for 

16  trial  before  the  Court,  sitting  without  a  jury  on  the  third 

17  day  of  March,  1908,  on  the  issues  raised  by  the  complaint 

18  filed  by  the  plaintiff,  and  the  separate  amended  answer  and 

19  amended  cross-complaint,   filed   by  the   defendant,    Kern 

20  Valley  Bank,  a  corporation,  and  the  answer  to  the  amended 

21  cross-complaint  filed  by  the  plaintiff  in  said  action.     A  trial 

22  by  jury  having  been  waived  by  both  parties,  F.  D.  McClure, 

23  Esq.,  and  F.  E.  Borton,  Esq.,  appearing  as  Counsel  for 

24  Plaintiff,  and  Matthew  S.  Platts,  Esq.,  appearing  as  Counsel 

25  for    the    Defendant,    Kern    Valley   Bank,    a    corporation. 

26  Whereupon  witnesses  were  duly  sworn  and  examined  and 

27  documentary  evidence  introduced  on  behalf  of  the  plaintiff, 

28  and  evidence  having  been  introduced  by  the  defendant, 

29  Kern  Valley  Bank,  a  corporation,  both  of  said  last  named 

30  parties  having  introduced  their  evidence,  the  said  cause  was 

31  argued  ;  thereupon  the  plaintiff  made  a  motion  for  judgment 

32  as  prayed  for  in  plaintiff's  complaint,  and  a  motion  for  a 

33  non-suit  upon  defendant's  cross-complaint,  at  which  time 

34  it  was  submitted  to  the  Court  for  decision,  and  after  due 

35  deliberation,  the  Court  granted  plaintiff's  motions  and  finds 

36  the  following  facts  as  the  facts  in  the  case  : 

I 

38  That  on  the  first  day  of  September,  1907,  and  for  a  long 

39  time  prior  thereto,  and  ever  since  said  date,  the  said  plaintiff 

40  has  been,  and  she  now  is  the  owner  and  in  possession  of  those 

41  certain  lots,  pieces  or  parcels  of  land  situate,  lying,  and  being 

42  in  the  City  of  Bakersfield,  County  of  Kern,  State  of  California. 


Legal  Forms  99 


1  II 

2  That  the  plaintiff  holds  the  fee  title  to  the  said  premises 

3  and  the  appurtenances  thereunto  belonging,  and  that  said 

4  property  is  a  homestead  of  the  said  plaintiff. 

5  III 

6  That  the  defendant,  the  Kern  Valley  Bank,  a  corporation, 

7  also  claims  an  interest  or  lien  upon  said  property  by  virtue 

8  of  attachments,  executions,  deficiency  judgments,  or  other 

9  liens  in  the  cases  entitled  "  Kern  Valley  Bank,  a  corporation, 

10  Plaintiff,  vs.  N.  G.  Farnum,  Defendant  "  filed  in  the  Superior 

11  Court  of  the  County  of  Kern,  State  of  California. 

12  IV 

13  The  Court  finds  that  the  defendant,  Kern  Valley  Bank, 

14  a  corporation,  did  maliciously  attempt  to  cloud  the  title  of 

15  said  plaintiff  to  said  premises,  and  to  annoy  the  said  plaintiff, 

16  and  did  threaten  to  forcibly  and  maliciously  and  unlawfully 

17  enter  into  the  possession  of  said  premises. 

18  V 

19  The  Court  finds  that  it  is  untrue  that  the  said  premises 

20  are  not  now,  nor  have  they  ever  been,  the  separate  property 

21  of  plaintiff  ;  that  it  is  untrue  that  said  lots  were  not  paid  for, 

22  and  said  building  or  house  erected  with  the  separate  money 

23  of  the  plaintiff. 
24 

AS  CONCLUSIONS  OF  LAW  from  the  foregoing  facts, 

26  the  said  Court  finds  : 

27  (1)  That  for  all  the  times  mentioned  in  plaintiff's  com- 

28  plaint,  the  said  plaintiff,  Mattie  S.  Farnum,  is  and  was  the 

29  owner  in  fee  of  the  property  described  in  the  complaint. 

30  (2)  That  the  said  defendant,  Kern  Valley  Bank,  a  cor- 

31  poration,  does  not  hold,  and  it  has  not  any  estate,  right,  title, 

32  interest  or  lien,  in,  to  or  against  said  property,  or  any  parcel 

33  or  part  thereof. 

34  (4)  That  the  plaintiff,  Mattie  S.  Farnum,  should  recover 

35  from  defendant,  Kern  Valley  Bank,  a  corporation,  her  costs 

36  herein  taxed,  at  the  sum  of  Dollars  ($            ). 

37  Let  judgment  be  entered  accordingly. 

38  Dated  this  day  of  March,  1908. 

39  

40  Judge  of  the  Superior  Court  of 

41  County  of  Los  Angeles, 

42  State  of  California. 


ioo                                     Legal  Forms 

59 

1                                      (DISMISSAL) 
2 

3 

4 

5 

6      IN  THE  SUPERIOR  COURT  OF  THE  COUNTY  OF 

7 

8            SAN  FRANCISCO,  STATE  OF  CALIFORNIA 

9 

10 

11 

tO                                                                                                                                  v 

13    MARVIN  DAVIS, 

14                                             Plaintiff, 

15                                  vs. 

No.  5690. 

16    PENNSYLVANIA    FIRE    INSURANCE 

*  DEPARTMENT 

17        COMPANY  (a  Corporation,  et  al.}, 

18                                               Defendants, 
to 

No.  2 

20 

21 

22 

23                                           DISMISSAL 

24 

25         All  matters  in  dispute  between  the  respective  parties  to 
26     the  above  entitled  action  having  been  fully  adjusted  and 
27    settled,  said  action  is  hereby  dismissed,  and  the  Clerk  of  the 
28     above  Court  is  hereby  authorized  to  enter  such  dismissal  of 
29     record. 

30 

31 

32                                         THOS.  SCOTT, 
33 

34                                                              Attorney  for  Plaintiff. 
35 

36     Dated,  San  Francisco,  Calif., 
37 

38            September  22nd,  1909. 
39 

40 

41 

42 

Legal  Forms  101 

60 

1  (CALIFORNIA  COST  BILL) 

2 

3 

4   IN  THE  SUPERIOR  COURT  OF  THE  COUNTY  OF 

5 

6  KERN,  STATE  OF  CALIFORNIA 

7 

8 

9    


MEMORANDUM 
OF  COSTS  AND 
DISBURSE- 
MENTS 


10  C.  F.  BENNETT, 

11  Plaintiff, 

12  vs. 

13  ZEND  A  MINING  AND  MILLING  COMPANY 

14  (a  Corporation), 

15  Defendant. 

16 

17 

18 
19 
20 
21 

22  1907. 

23  Mch.   29.     Justice's  fees  filing  Complaint  and  issuing 

24  summons $2.00 

25  ,,       ,,       Notary's    fees,    3    affidavits ;    one    for 

26  attachment  on  undertaking       .         .        1.50 

27  Apr.      1.     Sheriff's     fees,      Los     Angeles,     service 

28  summons  and  mileage        .          .          .        1.50 

29  ,,        6.     Constable  fees,  Caliente,  service  attach- 

30  ment,  $1.00,  return  $.50,  mileage  $.25       1.75 

31  May    14.     Recorder's  fees,  Kern  County,  recording 

32  attachments 1.10 

33  ,,       „       Clerk's  certificate  to  signature  of  Justice 

34  of  Peace  to  attachment      .         .          .         .25 

35  ,,      22.     Sheriff's  fees  San  Louis  Obispo  County, 

36  service    of    attachment    and    mileage 

37  (attachment  of  property  of  defendant 

38  made  in  San  Louis  Obispo  County)   .        1.25 

39  1908. 

40  Jan.    17.     Certified  copy  Articles  of  Incorporation 

41  of  Zenda  Mining  &  Milling  Company 

42  introduced  in  evidence  .50 


102 

Legal  Forms 

1        1908. 

2     Feb.      7. 

Justice's  fees,  trial  fees 

$3.00 

3        „        „ 

One-half    expense    of     attendance     of 

4 

Justice    at    Caliente    (stipulation    of 

5 

parties)    ...... 

2.50 

6        „      11. 

Notary's  fees   affidavit   to  cost   bill  in 

7 

Justice's  Court          .... 

.50 

8        „       „ 

Notary's  fees  affidavit  of  service  of  cost 

9 

bill,  Justice's  court  .... 

.50 

10 

lx/ 

11 

Total  taxed  in  Justice's  Court 

16.33 

12    Sept.     5. 

Notary's  fees,  affidavit  to  this  cost  bill    . 

.50 

13        „       „ 

„            ,,            ,,     of    serving    cost 

14 

bill  and  notice  decision 

.60 

16 

$17.85 

17 

•MMMMSSi 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

29 

30 

31 

32 

33 

34 

35 

36 

37 

38 

39 

40 

41 

42 

Legal  Forms 


103 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
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42 


61 

(BILL  OF  EXCEPTIONS) 
(Title  Page) 


IN  THE  SUPREME  COURT  OF  THE  STATE  OF 
CALIFORNIA 


MATTIE  S.  FARNUM, 

Plaintiff  and  Respondent, 

vs. 
KERN  VALLEY  BANK  (a  Corporation,  et  a/.), 

Defendant  and  Appellant. 


PROPOSED  BILL  OF  EXCEPTIONS 

OF  THE 
KERN  VALLEY  BANK,  A  CORPORATION. 


MATTHEW  S.  PLATZ, 

Attorney  for  Appellant. 


104  Legal  Forms 


1  Charles  A.  Lee 

2  Called  as  a  witness  in  behalf  of  the  plaintiff,  and  being  first 

3  duly  sworn,  testified  upon  direct  examination  as  follows  : 

4  My  name  is  Charles  A.  Lee.    I  reside  in  Kern  County.    I  am 

5  the  County  Recorder  of  Kern  County.    I  find  on  pages  434  and 

6  435  of  Book  127  deeds  Kern  County  Records  a  deed  executed 

7  by  the  Kern  County  Land  Company  to  Mattie  S.  Farnum. 

8  Here  the  said  record  was  by  the  plaintiff  offered  in  evidence. 

9  Mr,  Platz  :  If  the  Court  please,  I  object  to  that  going  into 

10  evidence  upon  the  ground  that  it  is  irrelevant,  immaterial, 

11  and  incompetent,  and  it  is  not  within  the  pleadings  in  the 

12  case  and  does  not  tend  to  prove  any  of  the  issues  before  this 

13  Court  in  this  case. 

14  The  Court  :  The  objection  is  overruled. 

15  Mr.  Platz  :   We  note  an  exception. 

16  (Appellant's  exception  number  1.) 

17  (Here  the  records  above  referred  to  were  introduced  in 

18  evidence  and  are  in  the  words  and  figures  following.) 

19  I  find  on  page  471  Volume  2  of  Homesteads,  a  declaration 

20  of  homestead,  filed  by  Mattie  S.  Farnum. 

21  Mr.  McClure  :    If  the  Court  please,  we  ask  to  introduce 

22  the  record  in  evidence. 

23  Mr.  Platz  :  That  is  objected  to,  your  Honor,  as  irrelevant, 

24  immaterial,   and  incompetent,   and  not  within  the  issues 

25  framed  by  the  pleadings  in  this  case. 

26  The  Court :  Objection  overruled. 

27  Mr.  Platz  :  Exception. 

28  (Appellant's  exception  number  2.) 

29  Mr.  Platz  :   Now  then,  if  the  Court  please,  I  move  now 

30  that  the  Court  proceed  to  determine  and  pass  upon  these 

31  questions  of  fact  involved  in  this  plea  of  abatement. 

32  The  Court :    The  motion  is  denied.     Proceed  with  this 

33  case  in  the  ordinary  way  to  try  your  case. 

34  Mr.  Platz  :  Note  an  exception. 
(Appellant's  exception  number  3.) 

36  Charles  A.  Lee 

37  Recalled  as  a  witness  and  testified  as  follows,  on  the  part 

38  of  the  defendant : 

39  I  find  in  book  187  of  deeds,  page  80,  a  deed  from  J.  W. 

40  Kelley,  Sheriff  of  the  County  of  Kern,  to  the  Kern  Valley  Bank. 

41  Mr.  Platz  :  Now,  I  offer  the  deed  in  evidence. 

42  Mr.  McClure  :   If  the  Court  please,  we  object  to  any  deed 


Legal  Forms  105 


1  being  offered  in  evidence  from  J.  W.  Kelley  to  the  Kern 

2  Valley  Bank. 

The  Court  :  The  objection  is  sustained. 

4  Mr.  Platz ;   Note  an  exception. 

5  (Appellant's  exception  number  4.) 
6 

7  SPECIFICATION   OF  ERRORS 

8  1 .  The  Court  erred  in  overruling  defendant's  obj  ection  to  the 

9  Court  proceeding  to  try  the  issues  of  fact  in  the  case  without 

10  first  disposing  of  the  plea  in  abatement,  exception  No.  3. 

11  2.  The  Court  erred  in  admitting  the  deed  in  evidence,  pur- 

1 2  porting  to  convey  the  property  in  question  to  the  plaintiff,  the 

13  deed  not  being  referred  to  in  the  complaint,  exception  No.  1. 

14  3.  The  Court  erred  in  refusing  the  defendant  to  introduce 

15  in  evidence  the  sheriff's  deed,  exception  No.  4. 

16  4.  The  Court  erred  in  admitting  the  declaration  of  home- 

17  stead  in  evidence,  the  plaintiff  being  a  married  woman  and 

18  the  declaration  of  homestead  not  being  set  out  in  the 

19  complaint,  exception  No.  2. 

20  The  foregoing  constitutes  defendant's  proposed  Bill  of 

21  Exceptions  on  motion  for  a  new  trial  herein,  which  defendant 

22  serves  upon  the  plaintiff,  in  accordance  with  defendant's 

23  notice  of  intention  to  move  for  a  new  trial  herein,  heretofore 

24  served  and  filed,  and  ask  that  the  said  statement  on  motion 

25  for  a  new  trial  and  Bill  of  Exceptions  be  authenticated  and 

26  settled  as  correct. 

27  Dated,  April  18th,  1908. 

28  

29  Attorney  for  defendant. 

30  The  foregoing  Bill  of  Exceptions  and  statement  on  motion 

31  for  a  new  trial  in  the  foregoing  action  was  on  the  day 

32  of  April,  1908,  duly  served  within  the  time  required  by  law. 

33  

34  Attorney  for  plaintiff. 
We  hereby  certify  and  stipulate  that  the  foregoing  Bill  of 

36  Exceptions  and  statement  on  motion  for  a  new  trial  is 

37  correct  and  the  same  may  be  allowed  and  settled. 

38  Dated,  day  of                       ,  1908. 

39  

40  Attorney  for  plaintiff. 

41  

42  Attorney  for  defendant. 


106  Legal  Forms 

62 

1  (PROPOSED    AMENDMENTS    TO    DEFENDANT'S 

•2  PROPOSED  BILL  OF  EXCEPTIONS) 
•3 
•4 

•5  IN  THE  SUPERIOR  COURT  OF  THE  STATE   OF 

•6  CALIFORNIA,  IN  AND  FOR  THE  COUNTY  OF 

7  LOS  ANGELES 
8 

9  


10  MATTIE  S.  FARNUM, 

11  Plaintiff, 

12  vs. 

13  KERN  VALLEY  BANK  (a  Corporation), 

14  Defendant. 

15 

16 

17  Comes  now  the  plaintiff  above  named,  and  proposes  the 

18  following    amendments    to    defendant's    proposed    Bill    of 

19  Exceptions  : — 
20 

21  Insert  after  the  word  "  off,"  being  the  last  word  on  line  5 

22  of  page  2  of  said  proposed  Bill  of  Exceptions,  the  words  and 

23  figures  "  Volume  127  of." 

Strike  out  the  parenthesis  after  the  word  "  evidence  "  on 

25  line  17,  page  2  of  said  proposed  Bill  of  Exceptions,  and 

26  insert  in  lieu  thereof  the  following  words  and  characters, 
"  and  the  said  record  is  in  the  words  and  figures  following, 

28  to  wit : — (here  insert  copy  of  the  said  record)." 

29  Strike  out  the  parenthesis  after  the  word  "  evidence,"  line 

30  22  of  page  2  of  said  proposed  Bill  of  Exceptions,  and  insert 

31  in  lieu  thereof  the  following  words  and  characters,  to  wit : — 
"  the  said  declaration  of  homestead  as  recorded,  is  in  the 

33  words  and  figures  following,  to  wit ; — (here  insert  copy  of 

34  said  record)." 

Insert  a  period  after  the  word  "  wife,"  being  the  last  word 

36  on  line  7  of  page  3  of  the  said  proposed  Bill  of  Exceptions. 
37 
38 
39 
40 

41  Attorneys  for  Plaintiff  above  named. 
42 


Legal  Forms  107 

63 

1  (NOTICE  OF  APPEAL) 

2 

3 

4 

5 

6  IN  THE  JUSTICE'S  COURT  OF  THE  FOURTEENTH 

7  TOWNSHIP,  COUNTY  OF  KERN,  STATE  OF 

8  CALIFORNIA 
9 

10 
11 
12  


NOTICE 

OF 
APPEAL 


13  C.  P.  BENNETT, 

14  Plaintiff, 

15  vs. 

16  ZENDA  MINING  AND  MILLING  COMPANY  (a 

17  Corporation), 

18  Defendant. 

19    

20 
21 
22 

23  To  E.  N.  Dearborn,  Justice  of  said  Court,  and  to  C.  L. 

24  Claflin,  Attorney  for  said  Plaintiff. 

25  • 

26  You,  and  each  of  you,  will  please  take  notice  that  the 

27  defendant  in  the  above  entitled  action  hereby  appeals  to  the 

28  Superior  Court  of  the  County  of  Kern,  State  of  California, 

29  from  the  judgment  made  and  entered  in  the  Justice's  Court 

30  of  said  Fourteenth  Township  on  the  7th  day  of  February, 

31  1909,  in  favor  of  the  plaintiff  in  said  action  and  against  said 

32  defendant,  and  from  the  whole  thereof. 
33 

34        This  appeal  is  taken  on  questions  of  both  law  and  fact. 

35 

36 

37        Dated  this  28th  day  of  February,  1909. 

38 

39 

40  

41  Attorneys  for  Defendant. 
42 


io8  Legal  Forms 

64 

1 

2 
3 
4 

5    

6  OMAR  M.  LEE, 

7  Plaintiff,  . 

8  vs. 

9  HAZEL  RAWLINGS, 

10  Defendant. 

11     


DECREE   OF 

FORECLOSURE 

AND    ORDER 

OF   SALE 


12  This  cause  came  on  regularly  to  be  heard  in  open  Court  on 

13  the. 29th  day  of  November,  1909,  LainMoynier,  Esq.,  appear- 

14  ing  for  Plaintiff,  and  Cecil  Baker,  Esq.,  for  the  Defendant. 

15  The  Court  having  heard  all  the  evidence  and  proofs 

16  produced  herein,  and  duly  considered  the  same,  and  being 

17  fully  advised  in  the  premises,  and  it  appearing  therefrom 

18  to  the  satisfaction  of  the  Court : 

19  FIRST :     That    Hazel    Rawlings,    the    above    named 

20  Defendant,  has  been  duly  and  regularly  summoned  to 

21  answer  unto  the  Plaintiff's  complaint  therein,  and  that  the 

22  said  Hazel   Rawlings,   the  Defendant  herein,   has  made 

23  default  in  that  behalf,  and  that  the  default  of  such  Defend- 

24  ant   for   not   appearing   and    answering   unto    Plaintiff's 

25  Complaint  has  been  duly  and  regularly  entered  herein  ; 

26  SECOND:     That    on    the  day    of 

27  ,  190  ,  the  Plaintiff  herein  caused  to  be 

28  filed  and  recorded  in  the  office  of  the  County  Recorder  of 

29  the  County  of  San  Joaquin  a  notice  of  the  pendency  of 

30  this  suit,  containing  the  names  of  the  parties  thereto,  the 

31  object  thereof,  and  also  a  true  and  correct  description  of 

32  the  lands  and  premises  affected  thereby ; 

THIRD  :    That  there  is  now  due  and  owing  to  the 

34  Plaintiff  from  the  Defendant  upon  the  promissory  note 

35  and  for  money  expended  under  the  terms  of  said  Mortgage, 

36  as  set  forth  and  described  in  Plaintiff's  Complaint,  the  sum 

37  of  Three  hundred  and  seventy-five  Dollars  and  thirty-nine 

38  cents,  and  that  the  Defendant,  the  said  Hazel  Rawlings, 

39  is  personally  liable  for  the  whole  amount  thereof ; 

40  That  there  is  also  due  Plaintiff  from  Defendant  Twenty- 

41  four  Dollars  and  sixty-one  cents,  costs,  percentage,  and 

42  necessary  disbursements ; 


Legal  Forms  109 


1  FOURTH  :   That  the  said  sum  of  Twenty-four  Dollars 

2  and  sixty-one  cents,  and  Three  hundred  and  seventy-five 

3  Dollars  and  thirty-nine  cents,  making  in  all  $400.00,  as 

4  aforesaid,  is  a  valid  lien  upon  the  lands  and  premises  in 

5  Plaintiff's    Complaint,    and    hereinafter    set     forth    and 

6  described,  and  is  secured  by  the  Mortgage  mentioned  in 

7  said  Complaint ; 

8  FIFTH  :  That  each  and  all  of  the  terms  and  conditions 

9  of  said  Mortgage  enforced  and  foreclosed,  and  the  lands 

10  and  premises  hereinafter  set  forth  and  described,  have  been 

11  sold  in  the  manner  prescribed  by  law,  and  the  proceeds 

12  arising  from  such  sale  applied  to  and  upon  the  payment 

13  of  said  sum  of  money  so  due  as  aforesaid  ; 

14  SIXTH  ;  That  each  and  all  of  the  allegations  and  aver- 

1 5  ments  in  Plaintiff's  Complaint  contained  are  true  and  correct ; 

16  NOW,   THEREFORE,    on   motion   of   Lain   Moynier, 

17  Counsel  for  Plaintiff, 

18  IT   IS    ADJUDGED    AND    DECREED,  that  all  and 

19  singular  the  mortgaged  premises  mentioned  in  the  said 

20  Complaint  and  hereinafter  described,  or  so  much  thereof 

21  as  may  be  sufficient  to  raise  the  amount  due  to  the  Plaintiff 

22  for  the  principal  and  interest,  and  costs  of  this  suit,  and 

23  expenses  of  sale,  and  which  may  be  sold  separately  without 

24  material  injury  to  the  parties  interested,  be  sold  at  public 

25  auction  by  the  Sheriff  of  the  County  of  San  Joaquin  in  the 

26  manner  prescribed  by  law,  and  according  to  the  course  and 

27  practise  of  this  Court,  and  that  the  said  Sheriff,  after  the 

28  time  allowed  by  law  for  redemption  has  expired,  execute 

29  a  deed  to  the  purchaser  or  purchasers  of  the  mortgaged 

30  premises  on  the  said  sale. 

31  That  the  Defendant  and  all  persons  claiming,  or  to  claim, 

32  from  or  under,  and  all  persons  having  liens  subsequent  to 

33  said  Mortgage  by  judgment  or  decree  upon  the  land  des- 

34  cribed  in  said  Mortgage,  and  their  personal  representatives, 

35  and  all  persons  having  any  lien  or  claim  by  or  under  such 

36  subsequent  judgment  or  decree,  and  their  heirs  or  personal 

37  representatives,  and  all  persons  claiming  to  have  acquired 

38  any  estate  or  interest  in  said  premises  subsequent  to  the 

39  filing  of  said  notice  of  the  pendency  of  this  action  with  the 

40  Recorder,  as  aforesaid,  be  forever  barred  and  foreclosed  of 

41  and  from  all  equity  of  redemption  and  foreclosed  of  and 

42  from  all  equity  of  redemption  and  claim  of,  in  and  to  said 


Legal  Forms 


1  mortgaged  premises,  and  every  part  and  parcel  thereof, 

2  from  and  after  the  delivB»y  of  said  Sheriff's  Deed. 

3  AND  IT  IS  FURTHER  ADJUDGED  AND  DECREED, 

4  that    the    purchaser   or    purchasers    of   such    mortgaged 

5  premises  at  such  sale  be  let  into  possession  thereof,  and 

6  that  any  of  the  parties  to  this  action  who  may  be  in  pos- 

7  session  of  said  premises,  or  any  part  thereof,  and  any  person 

8  who,  since  the  commencement  of  this  action,  has  come  into 

9  possession  under  them  or  either  of  them,  deliver  possession 

10  thereof  to  such  purchaser  or  purchasers,  on  production  of 

11  the  Sheriff's  Deed  for  such  premises,  or  any  part  thereof. 

12  AND  IT  IS  FURTHER  ADJUDGED  AND  DECREED, 

13  that  if  the  moneys  arising  from  the  said  sale  shall  be 

14  insufficient  to  pay  the  amount  so  found  due  the  Plaintiff, 

15  as  above  stated,  with  interest  and  costs,  and  expenses  of 

16  sale,  as  aforesaid,  the  Sheriff  specify  the  amount  of  such 

17  deficiency  due  to  the  Plaintiff  in  his  return  of  said  sale, 

18  and  that  on  the  coming  in  and  filing  of  said  return,  the 

19  Clerk  of  this  Court  docket  a  judgment  for  such  balance 

20  against  the  Defendant,   and  that  the  Defendant,   Hazel 

21  Rawlings,  pay  to  the  said  Plaintiff  the  amount  of  such 

22  deficiency  and  judgment,  with  interest  thereon  at  the  rate 

23  of  8  per  cent,  per  annum  from  the  date  of  said  last  mentioned 

24  return  and  judgment,  and  that  the  Plaintiff  have  execution 

25  therefor. 

26  The  lands  and  premises  directed  to  be  sold  by  this  decree 

27  are  situated,  lying  and  being  in  the  County  of  San  Joaquin, 

28  State  of  California,  and  bounded  and  particularly  described 

29  as  follows,  to  wit : 

30  The  East  half  of  the  South-west  Quarter  of  the  North- 

31  west  Quarter,  and  the  South-west  Quarter  of  the  South-east 

32  Quarter  of  the  North-west  Quarter,  and  the  North-east 

33  Quarter  of  the  South-west  Quarter  of  Section  thirty-one 

34  (31),  Township  three  (3),  North,  Range  eight  (8)  East, 

35  Mount  Diablo  Base  and  Meridian,  with  all  the  buildings, 

36  structures,  and  improvements  thereon  ; 

TOGETHER    with    all    and    singular    the    tenements, 

38  hereditaments,  and  appurtenances ,  thereunto  belonging  or 

39  in  anywise  appertaining. 

40  

41  Judge  of  the  Superior  Court. 

42  Done  in  open  Court  the  29th  day  of  November,  1909. 


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Legal  Forms  in 


65 

(WRIT  OF  CERTIORARI) 

x 

A  writ  of  certiorari  is  "  a  writ  issued  out  of  chancery,  or  a  superior 
court,  to  call  up  the  records  of  an  inferior  court,  or  remove  a  cause 
there  depending,  in  order  that  the  party  may  have  more  sure  and 
speedy  justice,  or  that  errors  and  irregularities  may  be  corrected. 
It  is  obtained  upon  complaint  of  a  party  that  he  has  not  received 
justice,  or  cannot  have  an  impartial  trial  in  the  inferior  court." 


IN  THE  SUPERIOR  COURT  OF  THE  COUNTY  OF 
FRESNO,   STATE  OF  CALIFORNIA 


CHARLES  COTTLE, 


SAMUEL  S.  GAINKR, 


Plaintiff, 


Defendant. 


WRIT   OF 
CERTIQRARI 


THE  PEOPLE  OF  THE  STATE  OF  CALIFORNIA,  to 

The  Hon.  Dwight  M.  Griffith, 

GREETING : 

WHEREAS,  it  appears  to  us  by  the  affidavit  of  J.  E. 
Dyer,  the  party  beneficially  interested,  that  in  a  certain 
action  pending  before  you,  wherein  Charles  Cottle  is  plaintiff, 
and  Samuel  S.  Gainer  is  defendant,  you,  exercising  your 
judicial  functions,  have  exceeded  your  jurisdiction,  and  that 
there  is  no  appeal  for  any  other  plain,  speedy  or  adequate 
remedy, 

WE  THEREFORE  COMMAND  YOU,  that  you  certify 
and  send  to  our  Superior  Court  of  the  State  of  California, 
County  of  Fresno,  at  the  Court  House  in  the  County  of 
Fresno,  on  the  10th  day  of  January,  A.D.  1910,  annexed  to 
the  writ,  a  transcript  of  the  record  and  proceeding  in  the 


ii2  Legal  Forms 


1  action  aforesaid,  with  all  things  touching  the  same  as  fully 

2  and  entirely  as  it  remains  before  you,  by  whatsoever  names 

3  the  parties  may  be  called  therein,  that  the  same  may  be 

4  reviewed  by  our  Superior  Court,  and  that  our  said  Superior 

5  Court  may  further  cause  to  be  done  thereupon  what  it  may 

6  appear  of  right  ought  to  be  done,  and  in  the  meantime  we 

7  command  the  said  Dwight  M.  Griffith  to  desist  from  further 

8  proceedings  in  the  matter  so  to  be  reviewed. 
9 

10  WITNESS,  Hon.  A.  L.  Claflin,  Judge  of 

11  the  said  Superior  Court  of  the  County 

12  of  Fresno,  at  the  Court  House  in  the 

13  said  County  of  Fresno,  and  the  Seal  of 

14  said  Court,  this  2nd  day  of  January, 

15  A.D.  1910. 
16 

17 

18 

19  ~Clerk. 

20 

21 

By 

23  Deputy  Clerk. 

24 

25 

26 

27 

28 

29 

30 

31 

32 

33 

34 

35 

36 

37 

38- 

39 

40 

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42 


Legal  Forms  113 

66 

IN  THE  SUPERIOR  COURT  OF  THE  CITY  AND  COUNTY 
OF  SAN  FRANCISCO,  STATE  OF  CALIFORNIA 


CRANE  COMPANY  (a  Corporation), 

Plaintiff,  COMPLAINT  FOR 

vs.  [GOODS,    WARES    AND 

YELLOW  ASTER  MINING  AND  MILLING  f  MERCHANDISE  SOLD 


COMPANY  (a  Corporation), 

Defendant. 


AND  DELIVERED 


The  plaintiff  above-named  complains  of  defendant  and  for 
cause  of  action  alleges  : 

That  plaintiff  is  now  and  has  been  during  all  the  times  herein 
mentioned  a  corporation  created,  organized  and  existing  under 
and  by  virtue  of  the  laws  of  the  State  of  Illinois. 

That  defendant  is  now  and  has  been  during  all  the  times  herein 
mentioned  a  corporation  created,  organized  and  existing  under 
and  by  virtue  of  the  laws  of  the  State  of  Nevada. 

That  heretofore,  to  wit,  at  said  City  and  County  of  San 
Francisco,  State  of  California,  within  a  period  of  two  years  last 
past,  said  plaintiff  sold  and  delivered  to  said  defendant  at  the 
special  instance  and  request  of  defendant,  goods,  wares  and 
merchandise  at  agreed  prices,  amounting  to  the  sum  of  ten 
thousand  dollars,  which  said  sum  defendant  promised  and  agreed 
to  pay  to  said  plaintiff. 

That  though  often  requested,  no  part  of  said  sum  has  been 
paid  by  said  defendant,  but  that  said  sum  and  every  part  thereof 
is  now,  and  has  been  ever  since  the  23rd  of  October,  1907,  due 
and  wholly  unpaid. 

WHEREOF,  plaintiff  demands  judgment  against  said  defend- 
ant for  the  sum  of  ten  thousand  dollars,  together  with  interest 
thereon  from  the  23rd  day  of  October,  1907,  at  the  rate  of  seven 
per  cent,  per  annum,  and  for  its  costs  and  disbursements  in  this 
action. 

WALTER   D.   MANSFIELD, 

Attorney  for  Plaintiff. 


8— (409) 


n  4  Legal  Forms 

STATE  OF  CALIFORNIA, 

•  SS. 
CITY  AND  COUNTY  OF  SAN  FRANCISCO. 

Walter  D.  Mansfield,  being  duly  sworn,  deposes  and  says  : 

That  he  is  the  attorney  for  the  plaintiff  in  this  action  ;  that 
he  has  read  the  foregoing  complaint,  and  knows  the  contents 
thereof  ;  that  the  same  is  true  of  his  own  knowledge,  except  as  to 
the  matters  which  are  therein  stated  on  his  information  or  belief, 
and  as  to  those  matters  that  he  believes  it  to  be  true.  That  said 
plaintiff  and  all  the  officers  thereof  are  absent  from  the  State  of 
California  and  from  the  city  and  county  of  San  Francisco,  where 
affiant  resides,  and  for  that  reason  this  complaint  is  verified  by 
said  attorney,  the  affiant  herein. 

WALTER  D.    MANSFIELD. 

Subscribed  and  sworn  to  before  me  | 
this  13th  day  of  December,  1909.) 


(SEAL)  SAMUEL  ROSENHEIM, 

Notary  Public  for  the  City  and  County  of 
San  Francisco,  State  of  California. 


Legal  Forms  115 

67 

IN   THE   SUPERIOR  COURT,   CITY   AND   COUNTY   OF 
SAN   FRANCISCO,   STATE   OF  CALIFORNIA 


CRANE  COMPANY  (a  Corporation), 

Plaintiff, 
vs. 

YELLOW  ASTER  MINING  AND  MILLING 
COMPANY  (a  Corporation), 


AFFIDAVIT     FOR 
ATTACHMENT 


STATE  OF  CALIFORNIA,  \ 

CITY  AND  COUNTY  OF  SAN  FRANCISCO.  ) 

H.  T.  Lally,  being  duly  sworn,  says  :  That  he  is  the  agent  and 
manager  for  Plaintiff  in  the  above  entitled  action  ;  that  the 
defendant  in  the  said  action  is  indebted  to  plaintiff  in  the  sum  of 
ten  thousand  dollars  with  interest  from  October  23rd,  1907,  at 
the  rate  of  7  %  per  annum,  over  and  above  all  legal  setoffs  and 
counter-claims,  upon  an  express  contract,  for  the  direct  payment 
of  money,  to  wit,  for  goods,  wares  and  merchandise  sold  and 
delivered  to  said  defendant  at  its  special  instance  and  request 
within  two  years  last  past  by  plaintiff,  and  that  such  contract 
was  made  and  is  payable  in  this  State,  and  that  the  payment 
of  the  same  has  not  been  secured  by  any  mortgage  or  lien  upon 
real  or  personal  property,  or  any  pledge  upon  personal  property. 

That  the  said  attachment  is  not  sought,  and  the  said  action  is 
not  prosecuted,  to  hinder,  delay  or  defraud  any  creditor  or 
creditors  of  the  said  defendant. 

H.    T.    LALLY. 

Subscribed  and  sworn  to  before  me) 
this  13th  day  of  December,  1909.  j 

SAMUEL   ROSENHEIM, 

Notary  Public. 


n6  Legal  Forms 

68 

IN  THE  SUPERIOR  COURT  OF  THE  STATE  OF 

CALIFORNIA,  IN  AND  FOR  THE  CITY  AND  COUNTY 

OF  SAN   FRANCISCO 


CRANE  COMPANY  (a  Corporation), 

Plaintiff, 


vs. 


UNDERTAKING  ON 


YELLOW  ASTER  MINING  AND  MILLING  f      ATTACHMENT 
COMPANY  (a  Corporation), 

Defendant. 


WHEREAS,  the  above-named  plaintiff  has  commenced,  or  is 
about  to  commence,  an  action  in  the  Superior  Court  in  and  for 
the  City  and  County  of  San  Francisco,  State  of  California,  against 
the  above-named  defendant  upon  a  contract  for  the  direct 
payment  of  money,  claiming  that  there  is  due  to  the  said  plaintiff 
from  the  said  defendant  the  sum  of  ten  thousand  dollars,  besides 
interest,  and  is  about  to  apply  for  an  attachment  against  the 
property  of  said  defendant  as  security  for  the  satisfaction  of  any 
judgment  that  may  be  recovered  therein  : 

NOW,  THEREFORE,  We,  the  undersigned,  residents  and 
householders  of  and  within  the  State  of  California,  in  considera- 
tion of  the  premises,  and  of  the  issuing  of  said  attachment,  do 
jointly  and  severally  undertake  in  the  sum  of  five  thousand  five 
hundred  dollars,  and  promise  to  the  effect,  that  if  the  said 
defendant  recovers  judgment  in  said  action  the  plaintiff  will  pay 
all  costs  that  may  be  awarded  to  the  said  defendant,  and  all 
damages  which  he  may  sustain  by  reason  of  the  said  attachment, 
and  not  exceeding  the  sum  of  five  thousand  five  hundred  dollars. 

Dated  the  13th  day  of  December,  1907  : 

N.  A.  JUDD.  (SEAL) 

CHRISTIAN  FROELICH.      (SEAL) 


Legal  Forms  117 

STATE  OF  CALIFORNIA,  | 

CITY  AND  COUNTY  OF  SAN  FRANCISCO.  [ 

N.  A.  Judd  and  Christian  Froelich,  the  sureties  whose  names 
are  subscribed  to  the  above  undertaking,  being  severally  duly 
sworn,  each  for  himself,  says  :  That  he  is  a  resident  and  house- 
holder within  said  State,  and  is  worth  the  sum  in  the  said  under- 
taking specified,  as  the  penalty  thereof,  over  and  above  all  his 
just  debts  and  liabilities,  exclusive  of  property  exempt  from 
execution. 

N.  A.  JUDD. 

CHRISTIAN   FROELICH. 

Subscribed  and  sworn  to  before  me,] 
this  13th  day  of  December,  1907.   j 

SAMUEL  ROSENHEIM, 

Notary  Public. 


n8  Legal  Forms 

69 

IN  THE  SUPERIOR  COURT  OF  THE  STATE  OF 

CALIFORNIA,   IN  AND  FOR  THE  CITY  AND 

COUNTY  OF  SAN  FRANCISCO 


CRANE  COMPANY  (a  Corporation), 

Plaintiff, 
vs. 

YELLOW  ASTER  MINING  AND  MILLING 
COMPANY  (a  Corporation), 

Defendant. 


PETITION  FOR   REMOVAL  OF  CAUSE 

To  the  Honorable  the  Superior  Court  of  the  State  of  California, 
in  and  for  the  City  and  County  of  San  Francisco  : 

Comes  now  your  petitioner,  the  Yellow  Aster  Mining  and 
Milling  Company,  a  corporation,  the  defendant  herein,  and 
respectfully  shows  to  this  Honorable  Court  : 

I 

That  on  the  13th  day  of  December,  A.D.  1907,  the  plaintiff 
herein,  the  Crane  Company,  filed  a  complaint  in  the  Superior 
Court  of  the  City  and  County  of  San  Francisco,  State  of  California, 
praying  for  a  judgment  against  the  defendant  for  the  sum  of 
$10,000.00,  with  interest  thereon  at  the  rate  of  seven  per  cent, 
per  annum  from  the  23rd  day  of  October,  1907,  and  for  its  costs 
and  disbursements,  the  said  sum  being  claimed  by  the  said 
plaintiff  upon  a  contract  for  the  sale  and  delivery  by  the  plaintiff 
to  the  defendant  at  its  special  instance  and  request,  of  goods, 
wares  and  merchandise  at  agreed  prices  and  amounting  to  the 
said  sum  of  $10,000.00. 

II 

That  on  said  date  and  immediately  after  filing  the  said  com- 
plaint the  said  plaintiff  caused  a  summons  to  be  issued  out  of  the 
said  Superior  Court  of  the  City  and  County  of  San  Francisco  in 
the  said  action,  and  the  same  was  served  upon  this  defendant. 

Ill 

Your  petitioner  further  avers  that  the  time  has  not  elapsed 
wherein  your  petitioner  is  allowed  under  the  practise  and  laws 
of  the  State  of  California  and  the  rules  of  the  said  Superior  Court 
of  said  City  and  County  of  San  Francisco,  in  the  State  of  California 
to  appear,  plead,  demur  or  answer  the  said  complaint. 


Legal  Forms  119 

IV 

Your  petitioner  further  avers  that  at  the  time  of  the  com- 
mencement of  said  suit,  and  ever  since  then,  and  at  the  present 
time,  the  plaintiff  in  the  said  action  was  and  is  a  corporation 
organized  and  existing  under  and  by  virtue  of  the  laws  of  the 
State  of  Illinois,  and  was  at  the  time  of  the  commencement  of  the 
action  a  citizen  and  resident  of  the  State  of  Illinois  and  has 
been  such  citizen  and  resident  ever  since,  and  still  is  a  citizen 
and  resident  of  said  State  ;  and  the  defendant,  the  Yellow  Aster 
Mining  and  Milling  Company,  was,  at  the  time  of  the  commence- 
ment of  said  suit,  and  ever  since  has  been,  and  still  is,  a  corpora- 
tion organized  under  the  laws  of  the  State  of  Nevada,  and  is  a 
citizen  of  the  said  State. 

V 

Your  petitioner  further  avers  that  this  is  a  controversy  wholly 
between  citizens  of  different  states  and  who  were  such  citizens 
of  different  states  at  the  time  of  the  commencement  of  said  action. 

VI 

Your  petitioner  further  avers  that  the  petitioner,  the  said 
defendant,  disputes  the  said  claim  of  the  said  plaintiff,  and 
denies  all  liability  under  the  contract  set  out  in  the  complaint, 
or  for  or  on  account  of  any  of  the  matters  therein  alleged,  and 
that  the  matter  in  dispute  in  this  action  exceeds  the  sum  of 
$2,000.00,  exclusive  of  interest  and  costs. 

VII 

That  the  time  for  your  petitioner,  this  defendant,  to  answer 
or  plead  to  the  complaint  in  said  action  has  not  expired  and 
.will  not  expire  until  the  24th  day  of  December,  1907.  And  your 
petitioner  herewith  presents  a  good  and  sufficient  bond,  as 
provided  by  the  statute  in  such  cases,  that  it  will,  on  or  before  the 
first  day  of  the  next  ensuing  session  of  the  United  States  Circuit 
Court  for  the  Northern  District  of  California,  file  therein  a 
transcript  of  the  record  of  this  action  and  for  the  payment  of  ah1 
costs  which  may  be  awarded  by  the  said  Court  if  the  said  Circuit 
Court  shall  hold  that  this  suit  was  wrongfully  or  improperly 
removed  thereto. 

Your  petitioner  therefore  prays  that  this  Court  proceed  no 
further  herein,  except  to  make  the  order  of  removal  as  required 
by  law,  and  to  accept  the  bond  presented  herewith,  and  direct 
a  transcript  of  the  record  herein  to  be  made  for  said  Court  as 
provided  by  law,  and  as  in  duty  bound  your  petitioner  will  ever 

Pray-  J.  S.  CHAPMAN, 

Attorney  for  the  Petitioner,  the 
Yellow  Aster  Mining  &  Milling  Company. 
(Similar  verification  to  the  one  attached  to  the  Complaint.) 


20  Legal  Forms 

70 

IN    THE    SUPERIOR    COURT    OF    THE    STATE    OF 

CALIFORNIA,   IN  AND  FOR  THE  CITY  AND 

COUNTY  OF  SAN   FRANCISCO 


CRANE  COMPANY  (a  Corporation), 

Plaintiff, 


vs. 


YELLOW  ASTER  MINING  AND  MILLING 
COMPANY  (a  Corporation), 

Defendant. 


No.  78,898. 


BOND  ON   REMOVAL  OF   CAUSE  TO  CIRCUIT  COURT 

KNOW  ALL  MEN  BY  THESE  PRESENTS,  that  we,  the 
Yellow  Aster  Mining  and  Milling  Company,  as  principal,  and  the 
American  Bonding  and  Trust  Company,  of  the  City  of  Baltimore, 
State  of  Maryland,  as  surety,  are  held  and  firmly  bound  unto 
Crane  Company,  the  plaintiff  in  the  above-entitled  cause,  its 
assigns  and  successors,  in  the  sum  of  one  thousand  ($1, 000. 00) 
dollars,  lawful  money  of  the  United  States  of  America,  for  the 
payment  of  which  well  and  truly  to  be  made,  we  and  each  of  us 
bind  ourselves,  and  each  of  us  our  successors,  jointly  and 
severally  by  these  presents. 

The  conditions  of  this  obligation  are  such  that  : 

WHEREAS,  the  said  Yellow  Aster  Mining  and  Milling  Com- 
pany has  applied  by  a  petition  to  the  Superior  Court  of  the  State 
of  California  in  and  for  the  City  and  County  of  San  Francisco, 
for  the  removal  of  a  certain  cause  therein  pending  wherein  the 
said  Crane  Company  is  the  plaintiff  and  the  said  Yellow  Aster 
Mining  and  Milling  Company  is  the  defendant,  to  the  Circuit 
Court  of  the  United  States,  Ninth  Circuit,  Northern  District  of 
California,  for  further  proceedings  on  the  grounds  in  the  said 
petition  set  forth,  and  that  all  further  proceedings  in  said  action 
in  said  Superior  Court  be  stayed  ; 


Legal  Forms  121 

NOW,  THEREFORE,  if  the  said  petitioner,  the  Yellow  Aster 
Mining  and  Milling  Company,  shall  enter  in  the  said  Circuit  Court 
of  the  United  States,  for  the  Ninth  Circuit,  Northern  District 
of  California,  aforesaid,  on  or  before  the  first  day  of  the  next 
regular  session,  a  copy  of  the  records  in  said  suit,  including  copies 
of  the  process  against  it  and  of  all  pleadings,  depositions,  testi- 
mony and  further  proceedings  in  the  cause,  and  shall  pay  or 
cause  to  be  paid  all  costs  that  may  be  awarded  therein  by  said 
Circuit  Court  of  the  United  States,  if  said  Court  shall  hold  that 
said  suit  was  wrongfully  or  improperly  removed  thereto,  then 
this  obligation  shall  be  void  ;  otherwise  shall  remain  in  full  force 
and  effect. 

IN  WITNESS  WHEREOF,  the  said  principal  and  surety 
have  caused  their  corporate  names  to  be  hereunto  subscribed  and 
their  corporate  seals  affixed,  the  20th  day  of  December,  A.D.  1907. 

(Seal  of  Yellow  Aster  Mining  and  Milling  Company) 
YELLOW  ASTER  MINING  AND  MILLING  COMPANY, 

By  R.  L.  BURCHAM, 

Secretary. 

(Seal  of  American  Bonding  and  Trust  Company) 

THE  AMERICAN  BONDING  AND  TRUST  COMPANY 
OF  BALTIMORE  CITY. 

By  JESSE  W.  LILIENTHAL, 

Vice-President. 

Attest.  :  BRONTE  M.  AIKENS, 

Assistant  Secretary. 


122  Legal  Forms 

71 

IN   THE   SUPERIOR   COURT   OF   THE   STATE   OF 

CALIFORNIA,  IN  AND  FOR  THE  CITY  AND 

COUNTY  OF  SAN   FRANCISCO 


CRANE  COMPANY  (a  Corporation), 

Plaintiff, 
vs. 
YELLOW  ASTER  MINING  AND  MILLING 


COMPANY  (a  Corporation), 


Defendant. 


ORDER  OF 

REMOVAL  OF 

CAUSE 


The  petition  of  the  defendant  above  named  praying  for  a 
removal  of  the  above-entitled  cause  from  the  said  Superior  Court 
of  the  State  of  California  in  and  for  the  City  and  County  of 
San  Francisco  to  the  United  States  Circuit  Court,  Ninth  Circuit, 
Northern  District  of  California,  coming  on  regularly  to  be  heard 
at  this  time,  and  it  appearing  to  this  Court  that  all  the  allegations 
of  said  petition  are  true,  and  that  said  petition  is  in  due  form  of 
law,  and  that  said  defendant  has  its  bond  duly  conditioned  with 
good  and  sufficient  sureties  as  provided  by  law,  which  bond  is 
hereby  approved, 

And  it  further  appearing  that  this  is  a  proper  cause  for  removal 
to  said  Circuit  Court, 

NOW,  THEREFORE,  it  is  hereby  ordered  and  adjudged  that 
this  cause  be,  and  it  hereby  is,  removed  to  the  United  States 
Circuit  Court  for  the  Ninth  Circuit,  Northern  District  of  the 
State  of  California,  and  the  clerk  is  hereby  directed  to  make  up 
the  record  in  said  case  for  transmission  to  said  Court  forthwith. 

Done  in  open  Court  this  23rd  day  of  December,  1907. 

FRANK   J.    MURASKY, 
Judge  of  said  Superior  Court,  Dept.  No.  2. 


Legal  Forms  123 

72 

IN   THE  CIRCUIT  COURT  OF  THE   UNITED   STATES, 

NINTH   CIRCUIT,   NORTHERN   DISTRICT   OF 

CALIFORNIA 


CRANE  COMPANY  (a  Corporation), 

Plaintiff, 


vs. 


YELLOW  ASTER  MINING  AND  MILLING 
COMPANY  (a  Corporation), 

Defendant. 


AMENDED' 
COMPLAINT 


Comes  now  the  Crane  Company,  a  corporation,  plaintiff,  by 
leave  of  Court  first  had  and  obtained,  and  files  this  its  amended 
complaint,  and  for  cause  of  action  against  the  defendant,  Yellow 
Aster  Mining  and  Milling  Company,  a  corporation,  alleges  : 

I 

That  this  plaintiff  at  all  of  the  times  herein  stated  was,  and 
now  is,  and  for  more  than  two  years  last  past  has  been,  a  corpora- 
tion duly  organized  under  the  laws  of  the  State  of  Illinois, 
conducting  and  carrying  on  business  in  the  State  of  California. 

II 

That  the  defendant  is  and  was  at  all  of  the  times  herein  men- 
tioned a  corporation  organized  under  the  laws  of  the  State  of 
Nevada,  conducting  and  carrying  on  business  in  the  State  of 
California. 

Ill 

That  within  two  years  last  past  at  the  City  and  County  of  San 
Francisco,  State  of  California,  plaintiff,  at  the  special  instance 
and  request  of  defendant,  sold  and  delivered  to  it  goods,  wares 
and  merchandise,  at  agreed  prices,  amounting  to  the  sum  of 
sixty-two  thousand  one  hundred  and  forty-four  and  78/100 
dollars  ($62,144.78),  which  said  sum  defendant  promised  and 
agreed  to  pay  to  this  plaintiff.  That  defendant  has  paid  thereon 
the  sum  of  fifty-two  thousand  one  hundred  and  forty-four  and 
78/100  dollars  (§52,144.78),  and  no  more,  leaving  a  balance  due 
plaintiff  of  the  sum  of  ten  thousand  dollars  which  said  sum  is 


124  Legal  Forms 

unpaid.  Though  often  requested  defendant  has  failed,  neglected 
and  refused  to  pay  said  balance  of  ten  thousand  dollars,  or  any 
part  or  portion  thereof,  but  the  same  and  every  part  thereof  is 
now  and  has  been  ever  since  the  23rd  day  of  October,  1907,  due 
and  wholly  unpaid. 

And  for  a  further,  separate  and  second  cause  of  action,  plaintiff 
herein  alleges  : 

I 

That  this  plaintiff  at  all  of  the  times  herein  stated  was,  and 
now  is,  and  for  more  than  two  years  last  past  has  been,  a  corpora- 
tion duly  organized  under  the  laws  of  the  State  of  Illinois, 
conducting  and  carrying  on  business  in  the  State  of  California. 

II 

That  the  defendant  is,  and  was  at  all  of  the  times  herein  men- 
tioned, a  corporation  organized  under  the  laws  of  the  State  of 
Nevada,  conducting  and  carrying  on  business  in  the  State  of 
California. 

Ill 

That  heretofore,  to  wit,  on  the  24th  day  of  March,  A.D.  1907, 
plaintiff  and  defendant  entered  into  the  following  agreement  : 

(Here  follows  agreement  set  forth  in  full.) 

IV 

That  plaintiff  duly  performed  all  the  terms  and  conditions  of 
said  agreement  on  its  part  to  be  performed. 

V 

Though  the  payment  of  said  sum  has  been  frequently 
demanded  of  defendant,  it  has  failed,  neglected  and  refused  to 
pay  the  same  or  any  part  thereof. 

That  all  of  said  goods,  wares  and  merchandise  were  shipped  by 
plaintiff  and  received  by  defendant  at  Johannesburg  on  or  about 
ninety  days  prior  to  the  23rd  of  October,  1907. 

WHEREFORE,  plaintiff  demands  judgment  against  defendant 
for  the  sum  of  ten  thousand  dollars,  together  with  interest  thereon 
at  the  rate  of  seven  per  cent,  per  annum,  from  the  23rd  day  of 
October,  1907,  until  the  entry  of  judgment  herein,  and  for  its 
costs  of  suit,  and  all  other  proper  relief. 

CAMPBELL,  METSON  &  CAMPBELL, 

Attorneys  for  Plaintiff. 
UNITED  STATES  OF  AMERICA,  j 

NORTHERN  DISTRICT  OF  CALIFORNIA,       I  Ss.  : 
CITY  AND  COUNTY  OF  SAN  FRANCISCO,  j 

(Here  follows  the  usual  verification.) 


Legal  Forms  125 

73 

IN   THE   CIRCUIT  COURT  OF  THE   UNITED    STATES, 
NINTH  CIRCUIT,  IN  AND  FOR  THE  NORTHERN 
DISTRICT  OF  CALIFORNIA 


CRANE  COMPANY  (a  Corporation), 

Plaintiff, 


vs. 


YELLOW  ASTER  MINING  AND  MILLING 


COMPANY  (a  Corporation), 


Defendant. 


NOTICE  OF  MOTION 

FOR    LEAVE   TO 

FILE  AMENDED 

ANSWER 


To  the  Plaintiff  and  Its  Attorneys,  Messrs.  Campbell,  Metson 
&  Campbell,  and  Walter  Mansfield. 

YOU  WILL  TAKE  NOTICE  that  the  defendant  will,  on 
Monday,  the  3rd  day  of  August,  1909,  at  ten  o'clock  A.M.  of  said 
day,  or  as  soon  thereafter  as  counsel  can  be  heard  for  that  purpose, 
move  the  court  at  the  courtroom  of  the  United  States  Circuit 
Court  in  the  City  and  County  of  San  Francisco,  for  leave  to  file 
an  amended  answer  in  this  cause,  and  copy  of  the  proposed 
amended  answer  is  herewith  served. 

The  motion  will  be  made  upon  the  ground  that  the  fourth 
paragraph  of  the  third  defense  is  misplaced,  and  should  be 
transposed  to  the  conclusion  of  the  second  answer  or  counterclaim, 
and  made  a  part  thereof. 

No  other  change  is  made  in  the  answer  down  to  the  end  of  the 
second  defense  or  counterclaim. 

The  third  defense  is  only  changed  to  the  extent  necessary  to 
complete  it  after  the  striking  out  of  the  4th  paragraph  and 
transposing  it  to  the  counterclaim. 

And  such  amendment  is  proper  to  be  made  in  order  to  make  the 
more  orderly  arrangement  of  the  matters  set  forth  in  the  answer, 
and  does  not  change  in  any  manner  the  issues  already  raised. 

FRANK  McGOWAN  and 
J.  S.  CHAPMAN, 

Attorneys  for  Defendant. 

(Endorsed)  :  Receipt  of  a  copy  hereof  admitted  this  27th  day 
of  July,  A.D.  1909,  together  with  copy  of  amended  answer. 


Attorneys  for  Plaintiff. 

NOTE  TO  THE  STUDENT. — This  endorsement  is  called  an  "  Admission  of 
Service." 


126  Legal  Forms 


At  a  stated  term,  to  wit,  the  July  term,  A.D.  1908,  of  the  Circuit 
Court  of  the  United  States  of  America,  of  the  Ninth  Judicial 
Circuit,  in  and  for  the  Northern  District  of  California,  held  at 
the  courtroom  in  the  City  and  County  of  San  Francisco,  on 
Monday,  the  10th  day  of  August,  in  the  year  of  our  Lord 
one  thousand,  nine  hundred  and  nine.  Present :  The 
Honorable  JAMES  H.  BEATTY,  District  Judge,  District 
of  Idaho,  designated  to  hold  and  holding  said  Circuit  Court. 


CRANE  COMPANY 

vs.  I         No.  13,190. 

YELLOW  ASTER  MINING  AND  MILLING  j 
COMPANY. 


ORDER   GRANTING  MOTION   TO  FILE  AMENDED 
ANSWER 

ORDERED  defendant's  motion  for  leave  to  file  an  amended 
answer  herein  granted  by  consent,  without  prejudice  to  plaintiff's 
right  to  move  for  and  obtain  continuance  of  the  trial  hereof, 
should  the  new  matter  in  said  amended  answer  render  it  necessary. 


Legal  Forms 


127 


IN   THE  CIRCUIT  COURT  OF  THE  UNITED  STATES, 

NINTH  JUDICIAL  CIRCUIT,  NORTHERN  DISTRICT 

OF  CALIFORNIA 


CRANE  COMPANY  (a  Corporation), 

Plaintiff, 


vs. 


YELLOW  ASTER  MINING  AND  MILLING 
COMPANY  (a  Corporation), 

Defendant. 


No.  13,190. 


VERDICT 

We,  the  jury,  find  in  favor  of  the  plaintiff,  and  assess  the 
damages  against  the  defendant  at  the  sum  of  nine  thousand 
00/100  dollars  ($9,000.00),  with  interest  added. 

ALFRED   J.   MARCUS, 

Foreman. 


128  Legal  Forms 

75 

IN  THE  CIRCUIT  COURT  OF  THE  UNITED  STATES  FOR 
THE  NORTHERN  DISTRICT  OF  CALIFORNIA 


CRANE  COMPANY  (a  Corporation), 

Plaintiff, 


vs. 


YELLOW  ASTER  MINING  AND  MILLING 
COMPANY  (a  Corporation), 

Defendant. 


No.  13,190. 


JUDGMENT  ON   VERDICT 

This  cause  having  come  on  regularly  for  trial  upon  the  20th 
day  of  April,  1910,  being  a  day  in  the  March,  1910,  term  of  this 
Court,  before  the  Court,  and  a  jury  of  twelve  men  duly  impaneled 
and  sworn  to  try  the  issues  joined  herein,  and  J.  C.  Campbell 
and  Walter  D.  Mansfield,  Esq.,  having  appeared  as  attorneys  for 
plaintiff,  and  J.  S.  Chapman  and  Frank  McGowan,  Esqs.,  having 
appeared  as  attorneys  for  defendant,  and  the  trial  having  pro- 
ceeded upon  the  20th,  21st,  22nd,  25th,  26th  and  27th  days  of 
April,  and  the  2nd  day  of  May,  1910,  before  twelve  jurors,  and 
upon  the  3rd,  4th  and  5th  days  of  May,  1910,  by  consent  of  the 
attorneys  for  the  respective  parties,  before  ten  jurors,  and 
evidence,  oral  and  documentary,  upon  behalf  of  the  respective 
parties  having  been  introduced,  and  the  evidence  having  been 
closed,  and  the  cause,  after  arguments  of  the  attorneys  for  the 
respective  parties,  and  the  instructions  of  the  Court,  having  been 
submitted  to  the  jury,  and  the  jury,  after  due  deliberation,  having 
rendered  the  following  verdict,  which  was  ordered  recorded,  viz.  : 

"  We,  the  jury,  find  in  favor  of  the  plaintiff,  and  assess  the 
damages  against  the  defendant  at  the  sum  of  nine  thousand 
00/100  dollars  ( $9,000.00/100)  with  the  interest  added.  Alfred  J. 
Marcus,  Foreman  "  ;  and  the  Court  having  ordered  that  judg- 
ment be  entered  herein  in  accordance  with  said  verdict  in  favor 
of  plaintiff  and  against  defendant  for  the  sum  of  nine  thousand 
dollars  with  costs, 


Legal  Forms  129 

Now,  by  virtue  of  the  law,  and  by  reason  of  the  premises 
aforesaid,  it  is  considered  by  the  Court,  that  Crane  Company,  a 
corporation,  plaintiff  herein,  do  have  and  recover  of  and  from 
Yellow  Aster  Mining  and  Milling  Company,  a  corporation, 
defendant  herein,  the  sum  of  nine  thousand  dollars,  together  with 
its  costs  herein  expended,  taxed  at  $631.60. 

Judgment  entered  May  11,  1910. 

SOUTHARD  HOFFMAN, 

Clerk. 

A  true  copy.  SOUTHARD  HOFFMAN, 

(SEAL)      Attest :  Clerk. 

By  W.  B.  Beaizley, 

Deputy  Clerk. 


130  Legal  Forms 

76 

IN  THE  CIRCUIT  COURT  OF  THE  UNITED  STATES. 

For  the  District  of  Nevada 

IN   EQUITY 


MILLER  &  Lux  (a  Corporation), 

Complainant, 


vs. 


THE  RICKEY  LAND  AND  CATTLE  COMPANY 
(a  Corporation), 

Defendant. 


BILL   OF 
COMPLAINT 


TO  THE  JUDGES   OF  THE  CIRCUIT  COURT  OF  THE 
UNITED  STATES  FOR  THE  DISTRICT  OF  NEVADA  : 

Miller  &  Lux,  a  corporation  organized  and  existing  under  the 
laws  of  the  State  of  California,  and  having  its  principal  place  of 
business  at  San  Francisco,  California,  and  a  citizen  of  the  State 
of  California,  brings  this  its  bill  against  the  Rickey  Land  and 
Cattle  Company,  a  corporation  organized  and  existing  under  the 
laws  of  the  State  of  Nevada,  and  having  its  principal  place  of 
business  at  Carson  City,  in  the  County  of  Ormsby,  State  of 
Nevada,  and  within  the  District  of  Nevada,  and  a  citizen  of  the 
State  of  Nevada  ;  and  thereupon  your  orator  complains  and  says  : 

1.  That  your  orator  is  a  corporation  organized  and  existing 
under  the  laws  of  the  State  of  California,  and  has  its  principal 
place  of  business  at  San  Francisco,  in  the  State  of  California,  and 
is  a  citizen  of  the  State  of  California ;    and  it  has  been  such 
corporation,  and  has  had  its  principal  place  of  business  at  the 
place  aforesaid,  continuously  since  the  5th  day  of  May,  1897. 

2.  That  the  defendant,  the  Rickey  Land  and  Cattle  Company, 
is  a  corporation  organized  and  existing  under  the  laws  of  the 
State  of  Nevada,  and  has  its  principal  place  of  business  at 
Carson  City,  in  the  County  of  Ormsby,  in  the  said  State  of 
Nevada,  and  within  said  District  of  Nevada,  and  is  a  citizen  of 
the  State  of  Nevada. 

3.  That  on  the  10th  day  of  June,  1904,  your  orator  exhibited 
to  and  filed  in  this  Court  its  bill  of  complaint  against  one  Thomas 
B.   Rickey,   and  against  many  other  persons  ;    which  suit  is 
numbered  731  on  the  equity  docket  of  this  Court. 


Legal  Forms  131 


4.  That  thereafter,  on  the  said  10th  day  of  June,  1904,  this 
Court  duly  issued  its  writ  of  subpoena  in  said  suit  upon  said  bill 
of  complaint,  directed  to  the  said  Thomas  B.  Rickey  and  the 
other  persons  made  defendants  by  said  bill ;  and  thereafter,  on 
the  said  10th  day  of  June,  1904,  the  said  writ  of  subpoena  was 
duly  served  by  the  marshal  of  this  district  upon  the  said  Thomas 
B.  Rickey,  and  was  thereafter  served  upon  the  other  defendants 
in  said  suit. 

5.  That  thereafter  the  said  Thomas  B.  Rickey  entered  his 
appearance  in  said  suit,  and  thereafter  filed  in  this  Court  his 
plea  to  the  jurisdiction  of  said  Court,  which  plea  was  overruled 
by  this  Court,  and  the  said  Thomas  B.  Rickey  was  by  this  Court 
ruled  to  answer  to  said  bill  of  complaint,  and  he  has  answered 
the  same. 

6.  That  the  other  defendants  in  said  suit  have  entered  appear- 
ances in  said  suit ;     and   the   said   suit   is   now   pending   and 
undetermined  in  this  Court  as  to  all  of  the  defendants  thereto  . .  . 

7.  That  the  matter  in  dispute  herein,  to  wit,  the  right  of  your 
orator  to  maintain  its  suit  aforesaid  without  hindrance  from  or 
interference  by  any  other  court,  exceeds,  exclusive  of  interest 
and  costs,  the  sum  of  two  thousand  dollars  ($2,000). 

And  your  orator  alleges  that  all  of  the  said  acts,  doings,  and 
claims  of  the  said  defendant  herein  are  contrary  to  equity  and 
good  conscience,  and  tend  to  the  manifest  wrong,  injury,  and 
oppression  of  your  orator  in  the  premises.  In  consideration 
whereof,  and  forasmuch  as  your  orator  is  remediless  in  the 
premises,  at  and  by  the  strict  rules  of  the  common  law,  and  can 
have  relief  only  in  a  court  of  equity,  where  matters  of  this  kind 
are  properly  cognizable  and  relievable,  to  the  end  therefore  that 
your  orator  may  have  that  relief  which  it  can  attain  only  in  a 
court  of  equity,  and  that  the  said  defendant  may  answer  the 
premises,  but  not  upon  oath  or  affirmation,  the  benefit  whereof  is 
expressly  waived  by  your  orator,  and  that  the  said  defendant,  its 
agents,  servants,  and  attorneys,  and  all  persons  acting  in  aid  of 
them  or  either  of  them,  be  enjoined  and  restrained  from  further 
prosecuting,  as  against  your  orator,  either  of  the  said  actions  so 
brought  by  it  in  the  said  Superior  Court  of  the  County  of  Mono, 
State  of  California,  and  from  taking  any  further  step  whatsoever 
in  either  of  said  actions  as  against  your  orator,  and  that  your 
orator  may  have  such  further  or  other  relief  as  the  nature  of  the 
case  may  require,  and  to  your  Honors  may  seem  meet, 


132  Legal  Forms 


May  it  please  your  Honors  to  grant  unto  your  orator  a  writ 
of  subpoena,  to  be  directed  to  said  defendant,  the  Rickey  Land 
and  Cattle  Company,  a  corporation,  commanding  it,  at  a  certain 
time  and  under  a  certain  penalty  therein  to  be  limited,  personally 
to  appear  before  this  Honorable  Court,  and  then  and  there  full, 
true,  direct  and  perfect  answer  make  to  all  and  singular  the 
premises,  and  further,  to  stand  to,  perform,  and  abide  such  further 
order,  direction  and  decree  therein  as  to  this  Honorable  Court 
shall  seem  meet. 

And  may  it  further  please  your  Honors,  during  the  pendency 
of  this  suit,  to  issue  your  writ  of  injunction  enjoining  and  res- 
training the  said  defendant,  its  agents,  servants  and  attorneys, 
and  all  persons  acting  in  aid  of  them  or  either  of  them,  during  the 
pendency  of  this  suit,  and  until  the  further  order  of  the  Court, 
from  further  prosecuting,  as  against  your  orator,  either  of  the 
said  actions  so  brought  by  it  in  the  said  Superior  Court  of  the 
County  of  Mono,  State  of  California,  and  from  taking  any  further 
step  whatsoever  in  either  of  said  actions  as  against  your  orator. 

And  may  it  further  please  your  Honors  to  make  and  issue  an 
order  requiring  the  said  defendant,  the  Rickey  Land  and  Cattle 
Company,  to  show  cause  before  this  Honorable  Court,  at  a  time 
and  place  therein  fixed,  why  such  writ  of  injunction,  pendente 
lite,  as  above  prayed  for,  should  not  be  issued,  and,  at  the  same 
time,  and  as  a  part  of  such  order,  to  issue  your  temporary  restrain- 
ing order  enjoining  and  restraining  the  said  defendant,  its  agents, 
servants  and  attorneys,  and  all  persons,  acting  in  aid  of  them  or 
either  of  them,  until  the  hearing  of  such  order  to  show  cause,  and 
until  the  further  order  of  this  Court,  from  doing  all  and  any  of 
the  acts  aforesaid. 

MILLER  &  LUX, 

Complainant. 

ByJ.  LEROY*  NICKEL, 

Vice- President 

DAVID  BROWN, 

Secretary. 

W.  C.  VAN   FLEET 
W.  B.  TREADWELL 

Solicitors  for  Complainant. 

ISAAC  FROHMAN, 

Of  Counsel  for  Complainant. 


Legal  Forms  133 

STATE  OF  CALIFORNIA, 


CITY  AND  COUNTY  OF  SAN  FRANCISCO.  r  ss* 


J.  Leroy  Nickel,  being  duly  sworn,  upon  his  oath  deposes  and 
says  :  That  he  is  the  Vice-President  of  Miller  &  Lux,  a  corpora- 
tion, the  complainant  above  named ;  that  he  has  read  the 
foregoing  bill  of  complaint  and  knows  the  contents  thereof  ;  that 
the  same  is  true  of  his  own  knowledge,  except  as  to  the  matters 
therein  stated  on  information  and  belief ;  and  that  as  to  those 
matters  he  believes  the  same  to  be  true. 

J.  LEROY  NICKEL. 

Subscribed  and  sworn  to  before  me,   ) 
this  3rd  day  of  January,  1909. 

(NOTARIAL  SEAL)  GEO.  T.  KNOX, 

Notary  Public,  in    and  for  the  City  and 
County  of  San  Francisco,  State  of  California. 


(Endorsed)  :  No.  791.  In  Equity.  In  the  Circuit  Court  of 
the  United  States  for  the  District  of  Nevada.  Miller  &  Lux, 
Complainants,  vs.  Rickey  Land  &  Cattle  Company,  Defendant. 
Bill  of  Complaint.  •  Filed  January  4th,  1909.  T.  J.  Edwards, 
Clerk.  W.  C.  Van  Fleet  and  W.  B.  Treadwell,  Mills  Building, 
San  Francisco,  Cal.,  Solicitors  for  Complainant. 


134  Legal  Forms 

77 


IN  THE  UNITED  sf  ATES  CIRCUIT  COURT  OF  APPEALS, 

Ninth  Circuit 


MILLER  &  Lux  (a  Corporation), 


Complainant, 


vs. 


THE  RICKEY  LAND  AND  CATTLE  COMPANY 


(a  Corporation), 


Defendant. 


ORDER 

EXTENDING 

TIME  TO 

DOCKET 

CAUSE 


Good  cause  therefor  appearing,  it  is  hereby  ordered  that  the 
time  wherein  defendant  and  appellant  in  the  above  entitled  action 
may  file  the  record  thereof  and  docket  the  case  with  the  clerk  of 
this  Court  at  San  Francisco,  California,  may  be  enlarged  and 
extended,  so  as  to  extend  to  and  include  the  23rd  day  of 
September,  1909,  and  it  is  so  ordered. 

Dated  this  22nd  day  of  August,  1909. 

(Signed)    WM.   W.   MORROW, 

Circuit  Judge. 


(Endorsed)  :  No.  1366.  In  the  United  States  Circuit  Court  of 
Appeals,  Ninth  Circuit,  District  of  California.  Miller  &  Lux, 
a  corporation,  Complainant,  vs.  Rickey  Land  and  Cattle  Com- 
pany, a  corporation,  Defendant.  Order  extending  time.  Filed 
Aug.  24,  1908.  F.  D.  Moncton,  Clerk.  Refiled  Aug.  29,  1908. 
F.  D.  Moncton,  Clerk. 


Legal  Forms  135 

78 

IN   THE   CIRCUIT  COURT   OF  THE   UNITED   STATES, 

For  the  District  of  Nevada 

No.  791 


MILLER  &  Lux  (a  Corporation), 


Complainant, 


vs. 


THE  RICKEY  LAND  AND  CATTLE 
COMPANY  (a  Corporation), 

Defendant. 


ORDER  TO  SHOW 

CAUSE  WHY 

INJUNCTION 

PENDENTE  LITE 

SHOULD  NOT 

ISSUE 


Good  cause  appearing  therefor,  by  the  verified  bill  of  complaint 
of  Miller  &  Lux,  a  corporation,  complainant,  on  file  herein,  it  is 
ordered  that  the  said  defendant,  the  Rickey  Land  and  Cattle 
Company,  a  corporation,  show  cause  before  this  Court,  on  the 
13th  day  of  March,  1910,  at  the  hour  of  ten  o'clock  A.M.,  at  the 
courtroom  of  this  Court  at  Carson  City,  Nevada,  why  an  injunc- 
tion should  not  issue  pending  this  suit,  according  to  the  prayer 
of  said  bill. 

And  it  further  appearing  to  the  Court  that  there  is  danger  of 
irreparable  injury  from  delay,  it  is  therefore  further  ordered  that, 
until  the  hearing  and  determination  of  said  motion  for  injunction, 
and  until  the  further  order  of  this  Court,  the  said  defendant,  the 
Rickey  Land  and  Cattle  Company,  a  corporation,  its  agents, 
servants  and  attorneys,  and  all  persons  acting  in  aid  of  them  or 
either  of  them,  be  and  they  are  hereby  enjoined  and  restrained 
from  further  prosecuting;  as  against  said  complainant,  either  of 
the  two  certain  actions  brought  on  the  15th  day  of  October,  1909, 
by  the  said  Rickey  Land  and  Cattle  Company,  as  plaintiff, 
against  the  said  Miller  &  Lux,  a  corporation,  and  others,  as 
defendants,  in  the  Superior  Court  of  the  County  of  Mono,  State 
of  California,  and  respectively  numbered  on  the  register  of  said 
Superior  Court  1055  and  1056. 

And  it  is  further  ordered  that,  before  said  restraining  order 
takes  effect,  the  said  complainant  file  in  this  Court  a  bond, 
approved  by  a  judge  of  this  Court,  in  the  sum  of  ten  thousand 
dollars  ($10,000),  conditioned  according  to  law. 


136  Legal  Forms 

And  it  is  further  ordered  that  a  copy  of  this  order  be  served 
upon  the  said  corporation  defendant,  and  on  one  of  its  attorneys 
(namely,  on  either  Mr.  James  F.  Peck,  or  Mr.  Charles  C.  Boynton, 
or  Mr.  William  O.  Parker),  on  or  before  the  30th  day  of  January, 
1910. 

THOMAS  P.   HAWLEY, 

Judge. 


(Endorsed) :  No.  791 

CIRCUIT  COURT 

of  the 
UNITED  STATES 

for  the 
DISTRICT  OF  NEVADA. 


MILLER  &  Lux, 

Complainant, 
vs. 

RICKEY  LAND    &  CATTLE  COMPANY, 

Defendant. 


ORDER  TO  SHOW  CAUSE 

Why  Injunction  Pendente  Lite 

should  not  Issue. 


Filed  January  4th,  1910. 

T.  J.  EDWARDS, 
Clerk. 


Legal  Forms  137 


(ACTION   ON   NOTE.— MISSOURI) 

ISSOUR 

JASPER  COUNTY. 


STATE  OF  MISSOURI,  ) 

r.    )       ' 


IN  THE  CIRCUIT  COURT  OF  JASPER  COUNTY, 
MISSOURI,   NOVEMBER  TERM,    1909 


CHARLES  T.  WILEY, 

Plaintiff, 


vs. 


DRURY  WEIMAN, 

Defendant. 


ACTION  ON  NOTE 


Plaintiff  for  his  cause  of  action  says  that  defendant,  on  the 
eighteenth  day  of  July,  1909,  by  his  promissory  note  of  that  date, 
by  him  duly  executed,  promised,  for  value  received,  to  pay  to 
plaintiff  in  one  year  after  the  date  thereof,  THREE  HUNDRED 
DOLLARS,  with  interest  from  date  of  note  at  the  rate  of  seven 
per  cent,  per  annum  ;  said  note  being  filed  herewith  and  marked 
exhibit  "  A  "  ;  that  defendant  has  failed  and  refused  to  pay 
any  part  of  said  note  and  interest,  all  of  which  remains  due  and 
unpaid. 

WHEREFORE,  plaintiff  prays  judgment  for  the  sum  of 
THREE  HUNDRED  DOLLARS,  together  with  interest 
thereon  at  seven  per  cent,  per  annum,  from  the  date  of  said  note. 

ARTHUR  C.  CUNEO, 

Attorney  for  Plaintiff. 


138  Legal  Forms 

80 

(MISSOURI  MOTION   FOR  COSTS) 

IN  THE  CIRCUIT  COURT  OF  LAWRENCE  COUNTY, 
MISSOURI,   APRIL  TERM,    1909 


TEMPLE  SUGAR  REFINING  COMPANY, 

Plaintiff,       ,       MOTION    FOR 

vs'  COSTS 

CITIZENS  SAVINGS  BANK, 

Defendant. 


NOW  comes  the  defendant  and  moves  the  Court  to  require 
plaintiff  to  give  security  for  costs  in  this  action,  for  the  reason 
that  said  plaintiff  is  an  insolvent  corporation,  that  there  are  large 
claims  against  it,  and  an  unsatisfied  judgment  in  this  court  for 
the  sum  of  Forty-one  thousand  Dollars  ($41,000.),  and  that  said 
plaintiff  has  no  property  out  of  which  the  costs  can  be 
collected. 

WHEREFORE,  defendant  states  that  it  ought  not  to  be 
compelled  to  defend  this  suit  until  a  good  and  sufficient  cost  bond 
is  filed. 

HENRY  H.   CONSTANT, 

Attorney  for  Defendant. 


STATE  OF  MISSOURI,  \ 
COUNTY  OF  LAWRENCE.} 

Henry  H.  Constant,  being  duly  sworn  upon  his  oath,  says,  that 
the  facts  stated  in  the  above  motion  for  costs  are  true,  as  he 
verily  believes. 

STANFORD  SWEETSER, 

Clerk  of  Court. 

Subscribed  and  sworn  to  before  me,  this  first  day  of  August, 
1909. 

My  term  as  a  Notary  Public  expires  the  14th  day  of  December, 
1910. 

WILLIAM  R.   FEINGOLD, 
Notary  Public. 



Legal  Forms  139 

81 

SUBPCENA  AD   RESPONDENDUM,    NEVADA 

DISTRICT  OF  NEVADA,  ss.  : 

The  President  of  the  United  States  of  America,  to 

The  Rickey  Land  and  Cattle  Company,   a  Corporation, 
Greeting  : 

You  are  hereby  commanded  that  you  personally  appear  before 
the  Judges  of  the  Circuit  Court  of  the  United  States  for  the 
District  of  Nevada,  in  the  Ninth  Judicial  Circuit,  on  the  6th  day 
of  February,  1910,  to  answer  unto  a  bill  of  complaint  exhibited 
against  you  in  said  court  by  Miller  &  Lux,  a  corporation  ;  and 
to  do  further  and  receive  whatever  said  court  shall  have  con- 
sidered in  that  behalf ;  and  this  you  are  not  to  omit  under  the 
penalty  of  two  hundred  and  fifty  dollars. 

Witness  the  Honorable  MELVILLE  W.  FULLER,  Chief 
Justice  of  the  United  States,  and  the  seal  of  said  Circuit  Court 
hereunto  affixed,  at  Carson  City,  Nevada,  on  this  4th  day  of 
January,  1910,  and  of  the  year  of  the  Independence  of  the 
United  States  the  129th. 

Attest:  T.   J.  EDWARDS, 

Clerk. 

W.  C.  VAN  FLEET, 
W.  B.  TREADWELL, 

Solicitors  for  Complainant. 

ISAAC  FROHMAN, 

Of  Counsel  for  Complainant. 

Memorandum  :  The  defendant  is  to  enter  its  appearance  in  the 
above-mentioned  suit,  in  the  clerk's  office  at  Carson  City,  Nevada 
(Federal  Building),  on  or  before  the  day  at  which  the  above 
subpoena  is  returnable,  otherwise  the  bill  may  be  taken  pro 
confesso. 

T.    J.   EDWARDS, 

Clerk. 


140  Legal  Forms 

82 

(MOTION  FOR  NEW  TRIAL.— MISSOURI) 

IN  THE  CIRCUIT  COURT  OF  JASPER   COUNTY, 
MISSOURI,   SEPTEMBER  TERM,    1909 


OLIVER  CORNWALL, 

Plaintiff,         MOTION    FOR    A 


vs-  NEW  TRIAL 


JOHN  R,  WHITTEMORE, 

Defendant. 


Now,  at  this  day,  comes  the  above-named  defendant  and  moves 
the  Court  to  set  aside  the  verdict  of  the  jury  in  this  case,  and 
judgment  rendered  herein,  and  grant  the  defendant  a  new  trial 
for  the  following  reasons,  to  wit : 

I 

Because  the  Court  erred  in  admitting  irrelevant,  incompetent 
and  immaterial  evidence  offered  by  the  plaintiff. 

II 

Because  the  Court  refused  to  admit  competent  and  material 
evidence  offered  by  the  defendant. 

Ill 

Because  the  Court  erred  in  refusing  to  give  proper  instructions 
offered  by  the  defendant. 

IV 

Because  the  Court  erred  in  giving  improper  instructions  in 
behalf  of  the  plaintiff  over  the  objections  of  the  defendant. 

V 

Because  the  verdict  of  the  jury  is  against  the  evidence,  and  the 
law  and  the  evidence. 

VI 

Because  there  is  no  evidence  to  support  the  verdict  in  the  case, 
and  the  Court  erred  in  submitting  the  case  to  the  jury  at  all. 


Defendant's  Attorney. 


Legal  Forms  14 J 


DEPARTMENT  OF  THE  INTERIOR,  UNITED  STATES 
LAND   OFFICE 

VISALIA,    CALIF.,   MARCH  29,    1909. 

A  sufficient  contest  affidavit  having  been  filed  in  this  office 
by  E.  BRIDGMAN,  contestant,  against  homestead  entry  No. 
9270,  made  May  7th,  1895,  for  N.  E.  1/4  Section  34,  Township 
25  S.  Range  30  E.  M.  D.  M.  by  OTTINE  FRIEDRICKSEN, 
contestee,  in  which  it  is  alleged  that :  said  Ottine  Friedricksen 
has  been  absent  from  said  land  for  more  than  three  years  with 
intent  to  abandon  same,  and  without  any  permit  from  the  proper 
authorities  of  the  United  States,  and  said  Ottine  Friedricksen 
has  not  made  the  improvements  required  by  the  laws  of  the 
United  States  to  be  made  on  lands  in  order  to  acquire  same  under 
the  laws  of  the  United  States  providing  for  the  securing  of 
homesteads,  and  that  said  alleged  absence  from  said  land  was  not 
due  to  his  employment  in  the  Army,  Navy  or  Marine  corps  of  the 
United  States  in  time  of  war, 

Said  parties  are  hereby  notified  to  appear,  respond  and  offer 
evidence  touching  said  allegation  at  10  o'clock  A.M.  on  May 
15th,  1909,  before  the  Register  and  Receiver  at  the  United  States 
Land  Office  in  Visalia,  Calif. 

The  said  contestant  having,  in  a  proper  affidavit,  filed  Oct. 
llth,  1901,  and  Sept.  7th,  1901,  set  forth  facts  which  show  that 
after  due  diligence,  personal  service  of  this  notice  cannot  be 
made,  it  is  hereby  ordered  and  directed  that  such  notice  be  given 
by  due  and  proper  publication. 

GEO.   W.   STEWART, 

Register. 

A,   H.   SWAIN, 

Receiver. 


142  Legal  Forms 

84 

(ASSIGNMENT  OF  CLAIM— TEXAS) 

THIS    ASSIGNMENT  made  the  day  of  June, 

1909,  by  JOHN  L.  SMITH,  of  the  City  of  Beaumont,  State  of 
Texas,  to  M.  N.  CAMPBELL,  wife  of  J.  A.  Campbell,  of  the 
City  of  Bakersfield,  County  of  Kern,  State  of  California, 

WITNESSETH  : 

That  for  and  in  consideration  of  the  sum  of  one  dollar,  gold 
coin  of  the  United  States  of  America,  to  me  in  hand  paid  by  said 
M.  N.  Campbell,  the  receipt  whereof  is  hereby  acknowledged,  I, 
John  L.  Smith,  do  hereby  sell,  assign  and  transfer,  and  forever 
set  over  to  said  M.  N.  Campbell,  her  heirs  and  assigns,  all  my 
right,  title  and  interest,  claim,  demand  or  equity  against  A.  E. 
Martin,  of  the  County  of  Santa  Barbara,  State  of  California,  or 
against  Burr  Smith,  of  the  same  County,  or  both  of  them  jointly 
or  severally,  for  money  due  me,  to  wit :  the  sum  of  Two  hundred 
and  fifty  Dollars,  gold  coin,  for  services  rendered  in  and  about 
one  Standard  Oil  Drilling  rig,  and  as  commission  or  compensation 
due  me  for  effecting  the  sale  thereof  on  or  about  the  1st  day  of 
April,  A.D.  1909,  to  C.  C.  Murdock,  which  said  sale  was  made 
for  the  sum  of  Fourteen  hundred  and  fifty  Dollars,  and  of  which 
all  money  or  value  over  and  above  Twelve  hundred  Dollars  is 
due  me.  And  I  likewise  assign  and  set  over  to  said  M.  N. 
Campbell  all  my  claim  against  said  E.  A.  Martin  and  Burr  Smith, 
or  either  of  them,  by  reason  of  money  had  and  received  by  them 
or  either  of  them  on  my  account. 

WITNESS  my  signature  the  day  and  year  first  herein  written. 


Legal  Forms  143 

85 

(ILLINOIS  DEED) 

THIS  INDENTURE,  made  this  10th  day  of  October,  1909, 
by  and  between  HENRY  F.  CURTIS,  of  the  City  of  Chicago, 
County  of  Cook,  and  State  of  Illinois,  of  the  first  part,  and 
THOMAS  MAHAFFY,  of  the  same  place,  of  the  second  part. 

WITNESSETH  :  That  for  and  in  consideration  of  the  sum  of 
Nine  hundred  ($900.)  Dollars,  in  hand  paid  by  the  party  of  the 
second  part  to  the  party  of  the  first  part,  at  or  before  the  ensealing 
and  delivery  of  these  presents,  the  receipt  of  which  is  hereby 
acknowledged,  the  said  party  of  the  first  part  has  bargained 
and  sold,  and  by  these  presents  does  grant,  bargain,  sell,  remise, 
release  and  convey  unto  the  said  party  of  the  second  part,  his 
heirs  and  assigns  forever,  all  that  certain  plot,  piece,  or  parcel 
of  land  situated,  lying  and  being  in  the  City  of  Evanston,  County 
of  Cook,  and  State  of  Illinois,  bounded  as  follows  : 

Commencing  at  the  south-west  corner  of  lot  sixty-three  (63), 
in  Tolland  and  Harris's  addition  to  Evanston  ;  thence  in  a  north- 
erly direction  to  a  point  in  the  North  line  of  Section  four  (4), 
Township  seven  (7),  Range  sixteen  (16),  intersected  by  a  con- 
tinuation of  the  northerly  line  of  lot  twenty-five  (25)  in  said 
addition,  thence  southerly  to  the  northerly  corner  of  said  lot 
sixty-three  (63),  thence  along  the  eastern  line  of  said  lot  sixty- 
three  (63),  and  twenty-five  (25)  feet  to  the  beginning,  excepting 
a  strip  of  land  eight  (8)  rods  wide,  adjoining  the  easterly  end  of 
said  lot,  for  a  street,  and  being  part  of  what  is  known  as  "  Johnson 
Street,"  together  with  all  the  tenancies,  appurtenances,  heredita- 
ments thereto  belonging,  or  in  anywise  pertaining,  to  convey 
and  to  hold  the  same  to  the  said  party  of  the  second  part,  his 
heirs  and  assigns  forever. 

IN  WITNESS  WHEREOF,  the  said  party  of  the  first  part 
has  hereunto  set  his  hand  and  seal  the  day  and  year  first  above 
written. 

Signed,  sealed  and  delivered) 

In  the  Presence  of  ' (SEAL) 


144  Legal  Forms 

86 

(CALIFORNIA  POWER  OF  ATTORNEY) 

KNOW  ALL  MEN  BY  THESE  PRESENTS :  That  I, 
E.  BRADY,  of  Kern  County,  California,  do  hereby  appoint 
JOHN  KELLY  my  true  and  lawful  attorney,  for  me  and  in  my 
name,  place  and  stead  to  sell  or  otherwise  dispose  of  for  value, 
all  of  my  capital  stock  in  the  Randsburg  Exploration  Co.,  a 
corporation  formed  and  doing  business  under  and  by  virtue  of 
the  laws  of  the  State  of  California,  and  being  two  thousand 
(2,000)  shares. 

And  I  hereby  authorize  my  said  attorney  to  do  all  acts  and 
things  necessary  to  be  done  hi  connection  with  the  disposal  of 
said  capital  stock  as  fully  as  I  might  or  could  do  if  personally 
present,  with  full  power  of  substitution  and  revocation  ;  and 
I  hereby  ratify  and  confirm  all  that  my  said  attorney,  or  his 
substitute  or  substitutes,  shall  lawfully  do,  or  cause  to  be  done, 
by  virtue  of  these  presents. 

IN  WITNESS  WHEREOF,  I  have  hereunto  set  my  hand 
this  24th  day  of  April,  A.D.,  one  thousand  nine  hundred  and  nine. 

(SEAL) 


STATE  OF  CALIFORNIA,  } 
COUNTY  OF  KERN.     J     '  ' 

On  April  24,  1909,  before  me  personally  appeared  E.  Brady, 
to  me  known  to  be  the  same  person  described  in  and  who  executed 
the  foregoing  instrument  and  acknowledged  that  he  executed  the 
same  as  his  free  act  and  deed. 

IN  TESTIMONY  WHEREOF,  I  have  hereunto  set  my  hand 
and  official  seal. 


Notary  Public, 

County  of  Kern,  State  of  California. 


Legal  Forms  145 

87 

(REVOCATION   OF  POWER  OF  ATTORNEY) 

KNOW  ALL  MEN  BY  THESE  PRESENTS,  That  whereas 
I,  EDWARD  BRADY,  in  and  by  my  letter  of  attorney  bearing 
date  of  August  24,  1909,  did  make,  constitute  and  appoint  JOHN 
KELLY  my  attorney,  as  by  my  said  letter  of  attorney  will  more 
fully  and  at  large  appear, 

NOW  KNOW  YE,  That  I,  the  said  Edward  Brady,  have 
revoked,  countermanded,  and  made  void,  and  by  these  presents 
do  revoke,  countermand,  and  make  void  the  said  letter  of 
attorney  above  mentioned,  and  all  power  and  authority  thereby 
given  or  to  be  given  to  the  said  John  Kelly. 

IN  WITNESS  WHEREOF,  I  have  hereunto  set  my  hand  and 
seal  this  third  day  of  December,  1909. 

IN  THE  PRESENCE  OF 


(SEAL) 


STATE  OF  CALIFORNIA,) 
COUNTY  OF  KERN.     I   ' 

On  December  3,  1909,  before  me  personally  appeared  Edward 
Brady,  to  me  known  to  be  the  same  person  described  in  and  who 
executed  the  foregoing  instrument,  and  acknowledged  that  he 
executed  the  same  as  his  free  act  and  deed. 

IN  TESTIMONY  WHEREOF,  I  have  hereunto  set  my  hand 
and  official  seal. 


Notary  Public, 

County  of  Kern,  State  of  California. 


xo— (403) 


146  Legal  Forms 


88 

(CALIFORNIA   PROXY) 


KNOW  ALL  MEN  BY  THESE  PRESENTS,  That  I,  HIRAM 
S.  COLE,  of  San  Francisco,  do  hereby  appoint  George  W. 
Woodworth,  of  Chicago,  my  attorney  for  me  in  my  stead,  to  vote 
as  my  proxy,  at  a  certain  election  of  directors  of  the  Standard 
Iron  Works,  to  be  held  on  the  31st  day  of  March,  1910,  crediting 
him  with  the  number  of  votes  that  I  should  be  entitled  to  cast 
if  personally  present. 

Witness  my  hand  and  seal  this  Fourth  day  of  March,  1910. 


(SEAL) 


Legal  Forms  147 

89 

(CALIFORNIA  QUIT-CLAIM   DEED) 

THIS  DEED  made  on  January  25,  1910,  by  EDWARD  C. 
SMITH,  of  Oakland,  California,  as  Grantor,  and  MARTIN  V. 
HINTON,  of  Fruitvale,  California,  as  Grantee. 

WITNESSETH,  that  said  Grantor,  in  consideration  of  One 
Hundred  (100)  Dollars,  to  him  in  hand  paid  by  said  Grantee, 
the  receipt  of  which  is  hereby  acknowledged,  does,  by  these 
presents,  remise,  release,  sell,  convey  and  quit  claim  unto  said 
Grantee,  his  heirs  and  assigns  forever,  all  the  right,  title,  interest, 
claim  and  demand,  which  he  has  in  and  to  the  real  estate,  situated 
in  the  City  of  Oakland,  State  of  California,  described  as  follows  : 
Lot  No.  one  (1)  of  City  Block  Number  one  hundred  and  forty-nine 
(149)  of  said  City. 

TO  HAVE  AND  TO  HOLD  said  real  estate,  together  with 
the  improvements  thereon,  and  all  and  singular  the  appurtenances 
and  privileges  thereunto  appertaining,  and  all  the  estate,  right, 
title,  interest  and  claim  whatsoever  of  said  Grantor,  either  in  law 
or  equity  to  the  only  proper  use,  benefit  and  behoof  of  said 
Grantee,  his  heirs  and  assigns  forever. 

IN  WITNESS  WHEREOF,  said  Grantor  has  hereunto  set 
his  hand  and  seal  the  day  and  date  first  above  written. 

(SEAL) 

STATE  OF  CALIFORNIA,  ) 
COUNTY  OF  ALAMEDA.  /       ' 

On  January  27,  1910,  before  me  personally  appeared  Edward  C. 
Smith,  to  me  known  to  be  the  same  person  described  in  and  who 
executed  the  foregoing  instrument  and  acknowledged  that  he 
executed  the  same  as  his  free  act  and  deed. 

IN  TESTIMONY  WHEREOF,  I  have  hereunto  set  my  hand 
and  official  seal. 

Notary  Public, 

County  of  Alameda,  State  of  California. 


148  Legal  Forms 

90 

(CALIFORNIA   BILL  OF  SALE) 

KNOW  ALL  MEN  BY  THESE  PRESENTS,  That  I, 
OLLIN  F.  ROGERS,  of  Ventura,  in  the  County  of  Ventura, 
and  State  of  California,  for  and  in  consideration  of  the  sum  of 
Four  Hundred  and  Twenty- Five  ($425.00)  Dollars,  good  and 
lawful  money  of  the  United  States,  to  me  in  hand  paid,  the  receipt 
of  which  is  hereby  acknowledged,  do  hereby  sell,  assign,  transfer, 
and  set  over  to  CHARLES  T.  CONGER,  of  the  same  place,  all 
those  certain  articles  and  personal  property  hereinafter  mentioned 
to-wit,  located  at  Monterey,  in  the  County  of  Monterey,  and  State 
of  California  : 

One  horse  and  surrey,  one  Turkish  rug,  five  oil  paintings,  one 
easy  chair. 

TO  HAVE  AND  TO  HOLD  the  same  unto  the  said  Charles 
T.  Conger,  his  executors,  administrators,  and  assigns  forever. 

IN  WITNESS  WHEREOF,  I  have  hereunto  set  my  hand  and 
seal  this  llth  day  of  October,  in  the  year  1909. 

(SEAL) 

IN   THE   PRESENCE   OF 


Legal  Forms  149 

91 

(QUIT-CLAIM   DEED   FOR   INDIANA) 

THIS  INDENTURE  WITNESSETH,  That  ADELBERT 
WEABER,  a  single  man,  of  the  City  of  Elkhart,  of  Elkhart 
County,  in  the  State  of  Indiana,  does  hereby 

CONVEY  AND   QUIT  CLAIM 

to  VERNA  McCOLLUM,  of  La  Grange  County,  in  the  State  of 
Indiana,  for  the  sum  of  Six  Hundred  and  Twenty-five  Dollars, 
the  receipt  whereof  is  hereby  acknowledged,  the  following  Real 
Estate  in  Elkhart  County,  in  the  State  of  Indiana,  to-wit  : 

The  North-east  quarter  of  the  North-east  quarter  of 
Section  Six  (6),  Town  Thirty-seven  (37)  North,  Range 
Five  east,  containing  Forty  (40)  Acres  of  land,  be  the 
same  more  or  less. 

IN  WITNESS  WHEREOF,  the  said  Grantor  has  hereunto 
set  his  hand  and  seal  this  18th  day  of  January,  1910. 

.   (SEAL) 


STATE  OF  INDIANA,  ELKHART  COUNTY,  ss.  : 

Before  the  undersigned,  a  Notary  Public  in  and  for  the  said 
County,  personally  came  Adelbert  Weaber,  and  acknowledged 
the  execution  of  the  annexed  Deed. 

Witness  my  hand  and  Notarial  Seal,  this  18th  day  of  January, 
1910. 


Notary  Public. 
My  commission  expires  September  20,  1910. 


150  Legal  Forms 

92 

(ILLINOIS   FORM  OF  WILL) 

I,  John  Smith,  of  the  city  of  Chicago,  county  of  Cork,  State 
of  Illinois,  being  in  good  health  of  body  and  of  sound  and  dis- 
posing mind  and  memory,  and  being  desirous  of  settling  my 
worldly  affairs  while  I  have  strength  and  capacity  to  do  so,  do 
make,  publish  and  declare  this  my  last  will  and  testament,  that 
is  to  say  : 

FIRST  :  I  give  and  bequeath  to  my  beloved  wife,  Verna  Smith, 
the  sum  of  $5,000.00  ;  also  all  the  household  furniture  in  my 
dwelling  house,  and  also  the  said  dwelling  house  for  and  during 
her  natural  life. 

SECOND  :  To  my  eldest  son,  Hannon  Smith,  I  give  and  devise 
said  dwelling  house,  after  the  decease  of  my  said  wife,  to  him 
and  his  heirs  forever. 

THIRD  :  To  my  second  son,  Lonnie,  I  give  and  devise  the 
sum  of  five  thousand  dollars  ;  also  my  gold  watch  and  chain. 

FOURTH  :  To  my  youngest  son,  Glenn,  I  give  and  devise  my 
three  lots  in  Jacksonville,  Illinois,  to  have  and  to  hold  to  him 
and  his  heirs  and  assigns  forever. 

AND  LASTLY,  all  the  rest,  residue  and  remainder  of  my 
personal  estate  I  give  and  bequeath  to  my  brother,  Loyal  Smith, 
his  heirs  and  assigns  forever. 

I  hereby  appoint  Franklin  W.  Adams  the  sole  executor  of  this 
my  last  will  and  testament.  I  hereby  revoke  all  former  wills  by 
me  made. 

IN  WITNESS  WHEREOF,  I  hereunto  set  my  hand  and  seal 
at  Chicago  aforesaid  this  12th  day  of  December,  Nineteen 
Hundred  and  Nine. 


Signed  and  sealed  by  said  John  Smith,  who  at  the  same  time 
published  and  declared  the  same,  as  and  for  his  last  will  and 
testament,  in  the  presence  of  us,  who  in  his  presence,  and  in  the 
presence  of  each  other,  and  at  his  request,  have  hereto  subscribed 
our  names  as  witnesses. 


Legal  Forms  151 

(LETTERS   RELATING  TO  LAW  WORK) 

Mr.  John  Henry  Bell, 

121  West  79th  Street,  City. 

My  dear  young  Friend  : 

Your  pleasant  letter  of  the  19th  inst.  was  received  and 
read  by  me  with  much  interest.  I  did  not  know  that  you  were 
studying  shorthand,  or  were  interested  in  law  work  in  connection 
therewith,  but  am  glad  to  learn  that  you  find  it  fascinating. 
You  will  certainly  find  it  very  useful  as  well. 

I  note  what  you  say  in  regard  to  some  of  the  expressions 
contained  in  the  legal  documents  you  have  been  writing,  and  it 
will  give  me  pleasure  to  answer  your  inquiries  as  to  their  meaning. 

The  term  costs,  which  is  so  often  used  in  Court  Documents,  does 
not  include  counsel  fees,  the  pay  of  the  jurors,  or  the  stenographic 
record  of  the  case.  Each  party  pays  his  own  lawyer  for  conduct- 
ing his  case,  and  they  divide  the  cost  of  the  stenographic  record, 
while  the  County  pays  the  jurors.  Therefore,  the  costs  which 
go  with  the  judgment  against  the  unsuccessful  party  include 
only  what  are  known  as  "  docket  fees  "  (i.e.,  the  cost  of  filing 
the  various  papers  with  the  Court),  the  pay  of  witnesses,  and  the 
expenses  incidental  to  the  taking  of  depositions.  In  New  York, 
witnesses  receive  $1.25  a  day,  and  where  they  are  summoned 
from  outside  the  District,  their  transportation  here  and  back 
and  their  hotel  expenses,  while  here,  are  paid. 

This  is  all  I  have  time  for  in  this  letter,  but  I  will  write  you 
again  soon. 

Affectionately  yours, 


152  Legal  Forms 

Mr.  John  Henry  Bell, 

121  West  79th  Street,  City. 

My  dear  John  : 

When  last  I  wrote  I  promised  that  I  would,  ere  long,  write 
you  again  on  the  subject  of  my  former  letter. 

You  do  not,  I  notice,  seem  to  be  able  to  get  quite  clearly  in 
your  mind  the  distinction  between  Executor  and  Executrix,  and 
Administrator  and  Administratrix.  The  former  term  is  used  to 
designate  a  person  named  by  the  Will  of  another  to  execute,  or 
carry  out,  the  provisions  of  that  will,  the  endings  of  the  words 
denoting  merely  the  gender.  An  administrator,  on  the  other 
hand,  is  one  appointed  by  the  court  to  settle  the  estate  of  a 
person  dying  intestate,  i.e.,  without  having  made  a  will. 

In  such  cases,  either  of  the  following  persons  may  be  appointed 
the  administrator,  in  the  order  named  :  1st,  the  decedent's 
widow ;  2nd,  his  sons  ;  3rd,  his  father ;  4th,  his  brothers  ; 
5th,  his  sisters  ;  6th,  his  grandchildren  ;  7th,  any  other  next  of 
kin  ;  8th,  the  creditors  of  thedeceased,  the  creditor  first  applying, 
if  otherwise  competent,  being  given  the  preference. 

In  case  a  married  woman  dies  intestate,  her  husband  is  entitled 
to  be  appointed  as  administrator.  He  is  liable  for  her  debts  only 
to  the  extent  of  the  assets  received  by  him. 

The  matter  of  dower  seems  to  be  troubling  you  somewhat. 
Perhaps  a  brief  explanation  of  the  meaning  of  this  word,  and  its 
use  in  law  work,  will  help  you.  The  word  itself  means  a  widow's 
life  portion  of  the  income  from  all  lands  and  real  property  held 
by  her  husband  during  the  period  of  her  marriage  to  him.  You 
should  be  careful  not  to  confound  this  word  with  dowry,  for  which 
it  is  sometimes  erroneously  used,  for  a  dowry,  you  know,  is  the 
money,  goods,  or  estate  which  a  woman  brings  to  her  husband 
in  marriage. 

The  right  of  dower  is  recognized  in  all  the  States  of  the  Union 
excepting  Indiana  and  California,  where  there  is  what  is  known  as 
"  community  property,"  or  "  community  interest,"  i.e.,  the  right 


Legal  Forms  153 

of  a  wife  or  widow  to  share  equally  in  property  acquired  by  the 
husband  or  wife  after  marriage  through  earnings  or  investment, 
but  not  by  gift,  bequest,  devise,  or  descent,  such  property  being 
considered  the  separate  property  of  the  husband  or  wife,  respect- 
ively. The  husband  has  the  management  and  control  of  the 
community  property,  with  the  absolute  power  of  disposition, 
other  than  testamentary,  provided,  however,  that  he  cannot 
make  a  gift  of  such  community  property,  or  convey  the  same 
without  a  valuable  consideration,  unless  the  wife,  in  writing, 
consent  thereto,  and  provided  also  that  no  sale,  conveyance,  or 
incumbrance  of  the  furniture,  furnishings,  and  fittings  of  the 
home,  or  of  the  clothing  and  wearing  apparel  of  the  wife,  or  minor 
children,  which  is  considered  community  property,  shall  be 
made  without  the  written  consent  of  the  wife. 

At  the  widow's  decease,  her  one-third  interest,  which  is 
generally  conceded  to  be  the  proportion,  except  in  the  States 
mentioned,  to  which  she  is  entitled,  descends  to  the  heirs  of  her 
husband. 

Hoping  this  will  make  the  matter  clear  to  you,  I  am,  with 
regard, 

Yours  very  truly, 


154  Legal  Forms 


My  dear  friend,  John  : 

Once  more  I  take  pleasure  in  writing  you  in  answer  to 
your  last  letter,  and  in  giving  you  a  few  words  of  advice  before 
you  enter  upon  the  position  which  I  am  so  glad  to  learn  you 
have  succeeded  in  obtaining. 

In  the  first  place,  let  me  say  that  those  Latin  phrases  which 
you  have  encountered  in  some  of  your  legal  work  are  not  so 
difficult  as  they  may  appear.  Besides  those  you  mentioned,  I 
might  name  here  a  few  of  the  more  common  ones,  and  give  their 
definitions  : 

Ad  litem,  to  (or  in)  the  suit. 

A  fortiori,  from  stronger  reasoning. 

Alibi,  in  another  place. 

A  priori,  from  the  former. 

Bona  fide,  in  good  faith. 

Capias,  a  writ  for  the  arrest  of  the  defendant. 

Caveat,  that  he  beware  ;   a  warning. 

Certiorari,  a  writ  to  call  up  the  records  of  an  inferior  court,  or  to  remove 

a  cause  there  depending,  in  order  that  the  party  may  have  more  sure 

and  speedy  justice. 

Cestuique  trust,  persons  for  whose  use  another  has  title  to  lands,  etc. 
De  bene  esse,  as  being  well  done  for  the  present ;    conditional. 
De  facto,  in  fact. 
De  'jure,  in  law. 
Et  alium,  and  another. 
Et  alias  (et  als.),  and  others. 
Ex  parte,  without  opposition. 
Ex  post  facto,  by  a  subsequent  act. 
Ex  relatione  (Ex  rel.),  "  at  the  relation  "  of. 
Fieri  facias,  cause  it  to  be  done. 
Habeas  corpus,  "  That  you  have  the  body  "  ;   a  writ  by  which  the  legality 

of  an  imprisonment  is  investigated. 
In  esse,  in  existence. 
In  re,  in  the  matter  of. 
In  statu  quo,  as  it  was. 
Laches,  neglect. 

Mens  sana  in  cor  pore  sano,  a  sound  mind  in  a  sound  body. 
Nolle  prosequi,  to  be  unwilling  to  proceed. 
Nolens  volens,  willing  or  unwilling. 
Non  compos  mentis,  insane,  or  of  unsound  mind. 
Non  constat,  it  does  not  appear. 
Non  est,  not  to  be  found. 
Nulla  bona,  no  goods. 
Nunc  pro  tune,  now  for  then. 
Parol,  verbal. 

Pendente  lite,  during  the  action. 
Per  capita,  by  the  head  ;    share  and  share  alike. 
Per  stirpes,  by  the  stock  ;    a  division  according  to  age. 
Prima  facie,  at  first  view. 
Pro  rata,  at  the  rate. 

Quantum  meruit,  as  much  as  he  deserved. 
Quid  pro  quo,  a  mutual  consideration. 


Legal  Forms  155 


Res  adjudicata,  matters  adjusted. 

Res  gestae,  subject  matter. 

Sine  die,  without  day. 

Sine  qua  non,  an  indispensable  condition. 

Venue,  place  of  trial. 

While  the  foregoing  are  but  a  few  of  the  many  expressions 
which  you  will  come  across,  they  are  among  the  most  common, 
and  you  would  be  perfectly  justified  in  asking  your  employer 
to  repeat  any  phrase  not  included  among  the  foregoing  the  first 
time  you  heard  it,  if  you  did  not  understand  it ;  but  this  list 
you  should  memorize. 

Whatever  you  do,  try  and  remember  that  the  main  object,  in 
writing  shorthand,  is  to  be  able  to  get  down  quickly  what  a 
speaker  says,  and  afterward  to  render  it  into  correct  longhand. 
With  this  object  in  view,  you  should  regard  every  Exercise  which 
is  dictated  to  you  for  practise  as  though  it  were  a  most  important 
business  letter  or  legal  document,  and  as  though  the  weightiest 
results  hung  upon  your  accurate  transcription  of  your  notes. 

I  read  the  other  day  of  a  stenographer  to  whom  an  affidavit 
had  been  dictated,  and  in  which  the  following  sentence  occurred  : 
"  And  the  deponent  aforesaid  has  paid  to  the  Receiver  for  the 
benefit  of  the  creditors  $70,000."  The  Receiver  in  the  case 
denied  the  statement,  and  had  the  lawyer  who  dictated  it,  and 
who  was  the  deponent  in  the  affidavit,  indicted.  An  investigation 
showed  that  the  stenographer  had  made  a  mistake  in  transcribing 
his  notes,  by  omitting  the  word  "  and  "  in  the  statement,  which 
should  have  read,  "  And  the  deponent  aforesaid  has  paid  to  the 
Receiver,  and  for  the  benefit  of  creditors,  $70,000."  It  turned 
out  that  the  lawyer  had  actually  paid  the  Receiver  in  question 
$7,000,  and  the  remaining  $63,000  to  the  creditors,  the  parties 
to  whom  it  belonged.  The  lawyer  then  wrote  a  letter  to  the 
District  Attorney  explaining  the  mistake,  and  the  indictment  was 
at  once  dismissed.  You  can  readily  imagine  how  long  that 
careless  stenographer  held  his  position  after  his  mistake  was 
discovered. 

The  moral  of  this  is  obvious.     Profit  by  it. 

Your  true  friend, 


156  Legal  Forms 

Friend  John  : 

Your  interesting  letter  of  recent  date,  telling  me  how  well 
you  are  doing  in  your  new  position,  and  that  you  are  trying  to 
profit  by  the  suggestions  I  have  been  giving  you  in  our  correspond- 
ence, was  very  welcome.  I  am  glad  you  are  trying  to  be  more 
accurate.  You  will  find  that  it  will  pay,  not  only  in  shorthand 
and  typewriting  but  in  everything  you  do.  Since  writing  you  last 
I  heard  of  another  instance  where  the  omission  of  a  single  word 
cost  the  Western  Union  Telegraph  Company  $120.10.  A  certain 
party  sent  a  dispatch  directing  a  broker  to  sell  a  Michigan  lot, 
but  explained  that  "  no  commission  would  be  paid."  In  trans- 
mitting the  dispatch  the  word  "  no  "  was  dropped.  The  agent 
sold  the  lot,  sued  for  and  obtained  his  commission  from  the 
principal.  The  latter  therefore  came  back  on  the  Telegraph 
Company,  and  recovered  a  judgment  for  $120.10,  the  Supreme 
Court  holding  that  the  company's  agents  were  negligent,  as  they 
should  have  discovered  that  the  number  of  words  contained 
in  the  dispatch  as  received  did  not  correspond  with  the  "  check  " 
number. 

I  would  also  advise  you  to  read  as  much  shorthand  as  possible, 
for  this  will  enlarge  your  vocabulary,  and  familiarize  you  with 
the  appearance  of  the  outlines.  You  should  read  intelligently, 
endeavoring  to  impress  each  new  outline  on  your  mind,  so  that 
it  can  be  readily  recalled.  Indeed,  as  has  been  well  said,  you 
should  "  think "  shorthand,  that  is,  you  should  constantly 
associate  the  outlines  for  the  words  which  you  hear  with  the 
words  themselves,  and  that  not  in  an  arbitrary  way,  but  by 
building  up  the  word  syllable  by  syllable,  or  stroke  by  stroke, 
until  the  completed  form  stands  before  you. 

Now,  I  fear  you  will  think  this  an  extremely  long  letter,  but 
the  opportunity  to  help  you  was  such  a  good  one,  I  could  not 
afford  to  let  it  go  by. 

Especially  keep  up  your  practise,  even  after  you  are  in  a 
position,  and,  when  taking  dictation,  if  your  employer  goes  too 
rapidly  for  you,  stop  him  by  calling  out  the  last  consecutive  word 
you  have  been  able  to  write  ;  but  don't  say  "  What  did  you  say  ?" 


Legal  Forms  157 

or  "  Please  repeat  "  ;  and  don't  take  down  a  mere  jargon  of 
words  which  you  do  not  understand.  Follow  the  sense  of  the 
dictation,  and  see  that  your  transcript  makes  sense  before  it  is 
handed  in.  Do  not  write  "  We  send  you  the  set  of  truths,"  when 
your  employer  dictated  "proofs,"  and  do  not  transcribe  "prodi- 
gies of  valor  "  as  pedigrees  of  valor.  Above  all,  do  not  omit  a 
word,  either  in  the  dictation  or  in  the  transcript.  This  is  the 
unpardonable  crime  in  the  eyes  of  a  business  man,  and  has  cost 
many  a  novice  his  job. 

Another  word  of  caution  :  Don't  waste  any  time,  if  you  make 
a  mistake,  in  trying  to  convince  your  employer  that  you  are  right 
and  he  is  wrong.  The  chances  are  he  isn't ;  and  if  he  is,  he 
won't  want  you  to  tell  him  so.  You  can't  prove  it  to  him  from 
your  notes,  for  he  won't  understand  shorthand,  and  so  you  gain 
nothing,  and  may  lose  a  good  deal  by  arguing  the  matter.  If  he 
should  happen  to  make  a  grammatical  slip  occasionally,  quietly 
correct  it  in  your  transcript,  and  say  nothing. 

And  this  is  my  last  word  to  you  :  Be  patient,  be  alert,  be 
intelligent,  be  accurate,  and  you  will  soon  be  found  by  your 
employer  to  be  invaluable. 

Yours,  with  best  wishes, 


158  Legal  Forms 


Mr.  Gordon  Hay, 

San  Francisco,  Calif. 

Dear  Sir  : 

I  have  been  thinking  over  our  conversation  at  the  close 
of  to-day's  session,  and  I  write  to  say  that  I  realize  very  clearly 
the  difficulty  under  which  you  labored  when  giving  your  testi- 
mony. It  was  a  great  strain  upon  you  to  submit  to  the  very 
sharp  cross-examination  to  which  you  were  subjected,  and  yet 
I  cannot  see  that  our  opponents  succeeded  in  weakening  our 
case  in  the  least. 

I  desire,  however,  to  call  your  attention  to  one  or  two  points 
which  may  prove  of  value  on  the  next  hearing. 

When  you  said  that  you  were  not  quite  sure  whether  Walton 
was  present  or  not  at  the  signing  of  the  mortgage  on  that  property 
in  155th  Street,  you  were  treading  on  dangerous  ground.  I  shall, 
however,  in  the  redirect,  endeavor  to  make  that  point  very  clear, 
for  a  little  reflection  on  your  part  will  enable  you  to  recall  his 
presence  there  with  perfect  clearness. 

There  was  another  little  matter  to  which  I  wished  to  call  your 
attention,  but  I  think  that  it  will  be  better  for  me  to  see  you 
personally  about  it,  and  to  that  end,  I  will  ask  you  to  call  at  my 
office  to-morrow  afternoon,  between  three  and  five  o'clock,  in 
order  that  we  may  have  an  opportunity  of  talking  this  thing  over. 

Yours  very  truly, 


Legal  Forms  159 


To  the  President  of  the 
Third  National  Bank, 
Big  Rapids,  Mich. 

Dear  Sir  : 

When  I  carried  our  case  to  the  Court  of  Appeals,  I  am 
bound  to  admit  that  I  was  not  very  sanguine  of  a  favorable  issue, 
since  the  lower  Court  was  so  very  strong  in  its  rulings  on  the 
evidence  relating  to  those  stolen  bonds.  I  have  just  been 
informed,  however,  that  we  have  won,  on  the  ground  that  the 
Bank  was  an  innocent  holder  and  must  be  protected  to  the 
extent  of  its  property  interest  in  the  bonds.  It  stands  to  reason 
that,  the  bonds  being  held  as  collateral  for  the  amount  loaned  to 
Van  Anberg,  your  Bank  must  be  preserved  harmless  from  loss 
by  reason  of  any  claim  of  theft  made  by  the  People's  Savings 
Bank,  or  any  other  institution.  You,  of  course,  had  no  means 
of  knowing  that  those  bonds  had  been  stolen  from  the  People's 
Savings  Bank,  and  you  accepted  them  in  perfect  good  faith,  and 
therefore  the  decision  is  an  eminently  just  and  righteous  one. 

I  congratulate  you  thereupon,  and  will  write  you  again  within 
a  few  days,  and  report  what  steps  have  been  taken  toward  a 
settlement  of  the  case. 

Very  truly  yours, 


Elijah  T.  Ferris,  Esq. 
Providence,  R.I. 

Dear  Sir  : 

Your  report  of  the  19th  inst.  was  duly  received,  for  which 
thanks.  We  are  advised  by  our  clients  to  let  the  matter  remain 
in  statu  quo  until  the  senior  partner  can  get  an  opportunity  of 
calling  upon  you,  which  he  expects  to  be  able  to  do  early  next 
week.  Please  hold  on  to  the  mortgage  until  that  time,  and  take 
no  further  steps  in  the  meanwhile.  I  feel  quite  sure  that  there 
is  some  underhand  work  going  on,  but  this  will  be  revealed  as  soon 
as  Mr.  Robinson  has  examined  the  papers. 

Yours  truly, 


160  Legal  Forms 


Mr.  Ezra  Foley, 
Hartford,  Conn. 

Dear  Sir  : 

I  have  the  honor  to  inform  you  that  the  Appellate  Divison 
of  the  Supreme  Court  has  just  handed  down  a  decision  in  the 
matter  of  your  application  for  damages  against  the  Fremont 
House.  Your  chief  contention  was,  as  I  recall  it,  that  the  health 
of  your  family  was  placed  in  jeopardy  by  the  breaking  out  of 
scarlet  fever  in  the  hotel,  and  that  you  were  justified  in  vacating 
the  apartments  which  you  were  occupying  there  under  a  one 
year's  lease,  and  refusing  to  pay  rent  therefor  while  there  was 
any  possibility  of  contagion. 

The  decision,  I  regret  to  say,  is  unfavorable  to  our  view  of  the 
case,  and  judgment  has  been  entered  against  you.  I  am  very 
sorry  for  this,  as  I  was  sure  we  had  a  clear  case.  As  a  matter  of 
fact,  we  did  have,  so  far  as  the  matter  of  damages  was  concerned, 
had  you  remained  in  the  hotel  and  been  injured  thereby  ;  but 
the  Court  took  the  ground  that  the  vacating  of  the  premises  was 
an  act  entirely  of  your  own  volition,  and  that  you  were  bound 
to  pay  the  rent  therefor  precisely  as  if  the  apartment  had 
continued  to  be  occupied  by  you. 

I  shall  be  glad  if  you  will  call  at  my  office  at  an  early  date, 
in  order  that  we  may  arrange  matters  with  the  view  to  satisfying 
the  judgment. 

Very  respectfully  yours, 


James  C.  Pain,  Esq., 

48  Nassau  Street,  City. 

My  dear  Mr.  Pain  : 

Your  kind  letter  reached  me  during  my  absence  in  Albany. 
I  shall  be  glad  to  avail  myself  of  your  courteous  offer,  provided 
the  parties  who  at  present  hold  the  mortgage  do  not  insist  upon 
retaining  it,  in  which  case  I  should  feel  obliged  to  leave  it  with 
them,  as  they  have  been  very  courteous  to  me  in  all  their  dealings 
for  many  years.  I  have  written  to  them  on  the  subject,  and 
shall  expect  to  hear  within  a  day  or  so,  and  will  immediately 
advise  you. 

Yours  truly, 


Legal  Forms  161 

Miss  Katie  J.  Skeese, 

201  East  93rd  Street,  New  York. 

Dear  Madam  : 

It  gives  me  great  pleasure  to  inform  you  that  the  Court 
has  just  rendered  a  decision  in  your  favor,  and  awarded  you 
damages  to  the  amount  of  $2,500.,  with  costs. 

This  is  a  signal  triumph,  and  will  form  a  valuable  precedent 
in  similar  cases  of  laches  on  the  part  of  a  landlord.  The  Court 
held  that  a  landlord  must  keep  his  building  lighted,  and  his 
carpets  mended. 

I  will  at  once  consult  with  the  defendant's  counsel  with  the 
view  to  a  speedy  settlement  of  this  case. 

Yours  very  truly, 


To  the  Los  Angeles  Gas  &  Electric  Company, 
Los  Angeles,  Calif. 

Gentlemen  : 

Notice  is  hereby  given  you  that  unless  proper  connections 
are  made  by  your  Company  with  my  electric  wires,  in  the  building 
known  as  the  Palace  Lodging  House,  on  Figueroa  Street,  in  the 
City  of  Los  Angeles,  within  twenty-four  (24)  hours  after  the 
service  on  you  of  this  notice,  that  I  will  commence  legal  proceed- 
ings to  recover  damages  that  may  be  caused  me,  and  will  further 
commence  proceedings  to  forfeit  your  franchise  by  reason  of 
your  failure  to  comply  with  the  conditions  under  which  said 
franchise  was  granted  you. 

Notice  is  also  given  you  that  the  property  herein  mentioned 
has  been  properly  and  securely  wired,  and  is  now  ready  for  the 
connection  herein  demanded. 

Yours,  etc., 


—  (403) 


1 62  Legal  Forms 


Messrs.  Francis    &  Bruce, 
Baltimore,  Md. 

Gentlemen  : 

In  reply  to  your  favor  received  to-day,  I  enclose  herewith 
the  Bill  of  Particulars  for  which  you  ask,  and  beg  to  say  that 
Mrs.  Hall  seems  perfectly  willing  to  sign  a  release,  but  claims 
that  a  sale  of  the  property  was  made  shortly  after  her  mother's 
death  without  her  consent,  and  that  she  received  but  SI 80.  as 
her  share  of  the  proceeds.  "All  she  wants  is  a  just  proportion  of 
her  interest  in  the  estate,  but  she  has  not  the  funds  wherewith 
to  push  the  case.  She  has  asked  me  if  I  would  be  willing  to 
undertake  the  case  on  a  contingent  fee,  and  I  now  write  to  ask 
if  you  will  kindly  look  into  the  matter,  and  report  as  to  whether 
she  has  a  good  case  or  not,  and  if  so,  if  you  will  be  willing  to  do 
the  same.  I  shall  be  glad  to  receive  a  letter  from  you  on  the 
subject,  and  will  do  nothing  until  I  hear  from  you. 

Yours  very  truly, 
(Enclosure) 


INDEX 


ACKNOWLEDGMENT,  40,  63 
Action  on  Note,  137 
Ad  litem,    154 
Administrator,   152 
Administratrix,  38,   152 
Admission  of  Service,  10 
Admissions,    16,   19 
Affidavit,  20,  21,  92,  115 
A  fortiori,  154 
Agreement,  77 

of  Creditors,  78 
General,  77 
Alibi,  154 
Allegations,  13 

Amended  Complaint,  89,   123 
Answer,  16,  93 
Appearances,    43 
A  priori,  154 
Assign,  75 
Assignee,  75 
Assignment,  General,   75 

of  Claim,  76,  142 
Attachment,  115 

Affidavit  for,  115 
Attorney,  Letter  of,  79,  80 

Power  of,  79 

Warrant  of,  79 
Authorities,  57,  96 

BACKING  Legal  Documents,  14 
Backs,    How  to   Arrange   and 

Endorse,  15 
Bill  of  Complaint    130 
Bequests,   60 
BiU  of  Costs,  50,  104 

Exceptions,   103 
.,      Sale,   148 
Bona  Fide,   154 
Bond,  70,  71 

Bottomry,  70 

„      of  Indemnity,  72 

„      on  Removal  of  Cause,  120 
Bottomry  Bond,  70 
Box  for  Captions,  9 
Boxing  of  Titles,  9 
Brief,  53,  96 

CALIFORNIA  Legal  Forms,  83  et  seq. 

Capias,  154 

Caption,  11,  83 

Cause,  Order  to  Show,  135 

Caveat,  154 


Certiorari,  154 

Writ  of,  111 
Cestuique  trust,   134 
Citations,  54 
Claim,  Assignment  of,  76 
Commission  to  Examine  Witness,  30 
Community  Property,  152 
Complaint,  13 

Amended,  89,  123 
BiU  of,  130 
California,  83,   113 
Condition,  70 
Consent,  40 
Consideration,  62 
Contest  Notice,  141 
Conveyance  by  Deed,  62 

,,  by  Mortgage,  68 

Cost  Bill,  101 
Costs,  151 

„       BiU  of,  50,  101 
Counsel  Fees,  151 
Court  Documents,  11 

„       Fees,  151 
Covenants,  63 

Creditors,  Agreement  of,  78 
Cross  Examination,  49 

,,     Interrogatories,  32 


DE  bene  esse,  154 

Deceased,  60 

Decedent,  60 

Declaration,  60 

Decree,  108 

Deed,  lUinois,  143 
„     New  Form,  62 
„     Old  Form,  65 
„     Quit  Claim,  147 

De  facto,  154 

De  jure,  154 

Demurrer,  87 

Denials,   16 

Deponent,  22 

Deposition,  33 

Description  of  Property,  62 

Direct  Examination,  43 

Disbursements,  50 

Dismissal,  100 

Docket  Fees,  151 

Doe,  John,  83 

Dower,  70,  152 

Dowry,  152 


163 


164 


INDEX 


ENDORSEMENT  of  Legal  Documents, 

15,  52,  61,  133,  136 
Et  al.,  24 
Et  alios,  154 
Et  als.,  154 
Et  alium,  154 
Evidence,   42 
Examination,  Cross,  47 

Direct,  45 
Executor,  152 
Executor's  Oath,  41 
Executrix,   152 
Exhibits,  24 
Ex  parte,  154 
Ex  post  facto,  154 
Ex  relatione,  154 

FEES,  Docket,  151 
Fieri  facias,  154 
Findings,  98 
Folioing,  15,  83 

GENERAL  Agreement,  77 
,,          Assignment,  75 
Denial,  16 
Release,  82 

HABEAS  corpus,  154 
Hanging  Indenture,  35 

ILLINOIS  Deed,  143 
Will,  150 

Indemnity,  Bond  of,  32 
Indenture,  65 

Indiana  Quit  Claim  Deed,  149 
In  esse,  154 
In  re,  154 
Interrogatories,  31 

Cross,  32 
Intestate,  152 
In  statu  quo,  154 
Introduction,  20 
Invocation,  60 

JOHN  DOE,  83 

Judgment,  58 

on  Report  of  Referee,  59 
on  Verdict,  128 

Jurat,  13 

Jurors,  Pay  of,  151 

L.S.,  30 

Laches,  154 

Law  Work,  Paging,  15 

Lease,  73 

Letter  of  Attorney,  79 

Letters  Relating  to  Law  Work,  151 


Lines,  Numbering  of,  83 
Long  Paper,  9 

MENS  sana  in  corpore  sano,  154 
Missouri  Action  on  Note,  137 
Motion  for  Costs,   138 

„    New  Trial,  146 
Mortgage,  68 
Mortgagor,  25 

NEVADA  Bill  of  Complaint,  130 

,,        Order  to  Show  Cause,  135 
Subpoena  ad    Responden- 
dum,  139 
Nolens  volens,  154 
Nolle  prosequi,   154 
Non  compos  mentis,   154 
Non  constat,   154 
Non  est,  154 
Note,  Action  on,  137 
Notice  of  Appeal,  107 
of  Motion,  125 
„       of  Trial,  36,  95 
to  Produce,  37 
Nulla  bona,  154 
Numbering  of  lines,  83 
Nunc  pro  tune,  154 

OATH  of  Executor,  4 1 

Objections,    104,    105 

Opinion,  55 

Order  Extending  Time  to  Docket 

Cause,  134 

for  a  Commission,  29 
of  Foreclosure  and  Sale,  108 
of  Removal  of  Cause,   92 
to  Show  Cause,   135 
Special  Term,  27 
Stated  Term,  35 

PAGING  Law  Work,  15 
Paper,  Long,  9 

,,        Square,  45 
Parol,  154 
Pendente  lite,  154 
Per  capita,  154 
Per  stirpes,  154 

Petition  for  Removal  of  Cause,  118 
,,      Settlement  of  Estate,21 
Points,  96 

Power  of  Attorney,  79,  80,  144 
Prayer,  13 
Premises,  62 
Presents,  75 
Prima  facie,  154 
Probate,  40 

Property,  Community,    152 
Description  of,  62 


INDEX 


165 


Property,  Order  for  Sale  of,   108 
Proposed   Amendments   to   Bill   of 

Exceptions,  106 
Pro  rata,   154 
Proxy,  146 

QUANTUM  meruit,  154 
Question  and  Answer,  45 
Quid  pro  quo,  154 
Quit  Claim  Deed  for  California,  147 
,,  ,,  ,,  Indiana,    149 

RECORD,  Stenographic,  42 

Referee,  42 

Reference,  42 

Release  from  Copartnership 

Liability,  81     ' 
General,    82 
Repetition  of  Question  in  Answer, 

How  to  indicate,  44 
Res  adjudicata,   155 
Res  gestae,   155 
Revocation  of  Power  of  Attorney, 

145 

Richard  Roe,  83 
Roe,  Richard,  83 
Running  Answers  in,  45 
out,  45 

SALE,  Bill  of,  148 

Schedule,  74 

Scilicet,    13 

Search,  64 

Service,  Admission  of,  10 

Sine  die,  155 

Sine  qua  non,  155 


Special  Term  Order,  27,  35 
Square  Paper,  45 
Stated  Term,  35 
Stenographic  Record,  42 
Students,  Suggestions  to,  9 
Subprena  and  Respondendum,  139 
Suggestions  to  Students,  9 
Summons,   14 
Surrogate,  22 
Surrogate's  Court,  22 

TAKING  Testimony,  44 
Testament,   60 
Testamentary  Clause,  61 
Testator,  60 

Testimony,  Arranging,  43 
Texas  Assignment  of  Claim,  142 
Title  of  the  Court,  83 
Transcribing  Testimony,   45 

UNDERTAKING  on  Attachment,  116 

VENUE,  13,  155 
Verdict,   127 
Verification,  13 

WARRANT  of  Attorney,  79 
Western  Legal  Forms,  83 
Will,  60,  150 
Witness  Clause  in  Contracts,  77 

Deeds,  63 
,,       ,,       ,,         Mortgages,  69 

Wills,  61 

Witnesses,  Pay  of,  151 

to  Wills,  61 

Writ  of  Certiorari,  1 1 1 


Prat  of  Isaac  Pitman  &•  Sons,  Bath,  England. 

K— (4°3) 


PHONOGRAPHIC  WORKS. 

Course  in  Isaac  Pitman  Shorthand.  Cloth,  embossed  in  gold 
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Position  Writing  from  the  Beginning. 

Words  and  Sentences  introduced  in  the  1st  Lesson.- 

Business  Letters  in  the  9th  and  subsequent  Letsons. 

Phraseography  taught  from  the  5th  Lesson. 

Reporting  Style  taught  from  the  Beginning. 

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2 


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words  in  the  dictionary,  not  exceeding  three  consonants,  were 
written  in  Shorthand,  and,  from  this  extensive  list  of  outlines 
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have  been  classified  according  to  their  forms.  Of  great  aid  in 
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Technical  Reporting.  60  pp.,  50c. ;  cloth,  60c.  Comprising 
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Business  Letters,  in  engraved  Isaac  Pitman's  shorthand,  containing 
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A  letterpress  Key  is  provided  at  the  end  of  the  book 

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will  be  at  once  recognized. 

LIST  OF  CONTENTS. 

BUSINESS  CORRESPONDENCE  IN  SHORTHAND  No.  1.  Subjects 
treated  :  Railroad  Correspondence  —  Law  (General)  —  Law 
(Patents)— Law  (Pensions)— Banking— Stock  Brokers'— Hard- 
ware—Lumber — Boots  and  Shoes — Miscellaneous — Power  of 
Attorney  Form,  etc. 

BUSINESS  CORRESPONDENCE  IN  SHORTHAND  No.  2-  Subjects 
treated  :  Real  Estate  Correspondence — Financial — Legal  and 


Law — Hardware — Dry  Goods — Insurance — Electrical — Boots  and 
Shoes — Lumber — Publishing — Miscellaneous,  etc. 

BUSINESS  CORRESPONDENCE  IN  SHORTHAND  No.  3.  Subject 
treated  :  Advertising  Correspondence — Agents — Automobile — 
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BUSINESS  CORRESPONDENCE  IN  SHORTHAND  No.  4.  Subjects 
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Builders' — Collections—Copying  Office — Cotton  —  Desks  —  Dry 
Goods — Drugs,  etc. 

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Express — Financial  Standing — Fire  Insurance — Flour  and  Feed — 
Furniture,  etc. 

BUSINESS  CORRESPONDENCE  IN  SHORTHAND  No.  6-  Subjects 
treated  :  Groceries — Hardware — Hotel — Investment — Legal — 
Life  Insurance,  etc. 

BUSINESS/  "CORRESPONDENCE  IN  SHORTHAND,  No.  7.  Subjects 
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Envelopes — Patents  and  Trade  Marks — Patent  Foods — Pensions 
— Pianos — Pottery,  etc. 

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ADAPTATIONS    OF    ISAAC    PITMAN'S 

PHONOGRAPHY  TO   FOREIGN 

LANGUAGES. 

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Business  Colleges,  High  Schools,  and  for  Self  Instruction. 

"  As  the  book  is  primarily  designed  for  business  shorthand 
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t  Dutch  Phonography.  $1.50.  An  adaptation  of  Phonography  to 
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adaptation  of  Phonography  to  the  Welsh  language.  By  Rev. 
R.  H.  Morgan,  M.A. 

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Shjnshiki 


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Japanese  language  ;  in  Japanese.  Parts  1  and  2,  with  Book  of 
Exercises,  complete,  price  SI.  00. 

t  Pitman's  Phonography  adapted  to  Esperanto.    Limp  cloth,  50c. 

SHORTHAND  READING  BOOKS. 

The  student,  to  increase  his  speed,  and  to  improve  his  knowledge 
of  Phonography,  cannot  read  loo  much  will-engraved  shorthand. 
One  advantage  of  studying  the  Isaac  Pitman  system  —  and  one 
which  cannot  well  be  over-estimated  —  is,  that  the  shorthand 
literature  in  that  system  is  far  in  excess  of  all  other  systems 
combined. 

"  We  wonld  emphasize  still  further  the  wealth  of  literature 

the    Isaac    Pitman    system    has.  .  .  .     These    publishers    are 

7 


continually  issuing  new  works  in  shortnand,  and  this  in  itself 
should  make  their  system  a  great  force  in  the  shorthand  world."  — 
Penman's  Art  Journal  (New  York). 

"  We  wish  to  repeat  what  we  have  said  before  with  reference 
to  the  literature  sent  out  by  Isaac  Pitman  &  -Sons,  and  that  is, 
that  the  very  extensive  line  they  furnish  is  of  itself  the  highest 
recommendation  for  the  system.  No  other  system  furnishes  as 
much." — Western  Penman.  (Cedar  Rapids,  la.). 

IK  THE  CORRESPONDING  STYLE. 

Select  Readings,  No.  1.  48  pp.,  20c.  An  entirely  new  book  of 
readings.  Partial  list  of  selections  : — "  A  Rill  from  the  Town 
Pump  "  (NATHANIEL  HAWTHORNE)  "  The  Heart  of  London  " 
(CHARLES  DICKENS)  ;  "  The  Man  in  Black  "  (OLIVER  GOLDSMITH) 
"  Household  Superstitions  "  (JOSEPH  ADDISON)  ;  "  Caught  in  the 
Quicksand  "  (VICTOR  HUGO),  etc. 

Select  Readings,  No.  2.  48  pp.,  20c.  Containing  "  A  First  Night 
at  Sea"  (RICHARD  H.  DANA);  "Niagara"  (DICKENS);  "The 
Candid  Man  "  (BULWER  LYTTON),  etc. 

The  Chimes.    127  pp.,  50c  ;  cloth,  80c.     By  CHARLES  DICKENS. 

The  Battle  of  Life.  130  pp.,  40c.  ;  cloth,  50c.  By  CHARLES 
DICKENS. 

The  Silver  Ship  of  Mexico.  182  pp.,  40c.  •  cloth.  50c.  B>  J.  H. 
INGRAHAM. 

The  Book  of  Psalms.    160  pp.,  40c.  ;   cloth,  50c. 
Self-Culture.    91  pp.,  40c.  :    cloth,  50c     By  PROF.  BLACKIE. 

Gulliver's  Voyage  to  Lillipui  88  pp.,  40c. ;  cloth,  50c.  By  DEAN 
SWIFT. 

Tales  and  Sketches.  96  pp.,  40  .  cloth  50c.  By  WASHINGTON 
IRVING  ;  with  printed  Key. 

Robinson  Crusoe.  309  pp.,  60c.  ;  cloth,  75c.  By  DANIEL  DEFOE. 
Illustrated.  This  work  is  extremely  well  adapted  for  use  as  a 
shorthand  reader,  and,  in  attractive  cloth  binding,  forms  a 
handsome  prize  volume. 

The  Vicar  of  Wakefield.     Illustrated.    280  pp.,  50c. ;    cloth,  60c. 

IN  THE  REPORTING  STYLE 

Selections  from  American  Authors.  112  pp.,  40c. ;  cloth,  60c. 
With  Key  in  ordinary  type  at  the  foot  of  each  page,  and  containing 
the  following  selections.  The  Buccaneer's  Treasure  (IRVING)  ; 
My  Editing  (TWAIN)  ;  A  Venerable  Impostor  (HARTE)  ;  The 
Autocrat  of  the  Breakfast  Table  (HOLMES)  ;  The  Way  to  Wealth 
(FRANKLIN)  ;  The  Tell-Tale  Heart  (PoE) ;  Greatness  in  Common 
Ufe  (CHANNING)  ;  The  Story  of  a  Drum  (HARTE)  ;  The  Procession 
of  Life  (HAWTHORNE)  ;  A  Melting  Story  (TWAIN)  ;  The  Professor 
at  the  Breakfast  Table  (HoLires). 

8 


The  Cricket  on  the  Hearth.  132  pp.,  50  . ;  cloth,  60c.  By  CHARLES 
DICKENS. 

Brief  Reporting  Notes  in  Shorthand,  or  Shorthand  Dictation  Exercises. 
48pp.,25c.  With  printed  .Key,  and  the  matter  counted  and  timed 
for  testing  of  Speed  either  in  Shorthand  or  Typewriting. 

The  Sign  ol  Pour.  171  pp.,  50c. ;  doth,  60c.  By  A.  CONAN  DOYLE 
This  famous  detective  story  forms  a  very  attractive  hook  of 
phonographic  reading. 

Tales  from  Dickens.  147  pp.,  50c. ;  cloth,  60c.  Containing  "  The 
Tuggs's  at  Ramsgate,"  "  The  Bloomsbury  Christening,"  "  The 

•  Great   Winglebury    Duel,"    and     "  Mr   Watkins   Tottle,"    from 

•  "Sketches  by  Boz,"  forming  Vol.  5  of  "  Pitman's  Shorthand 

•  Library."     In  engraved  shorthand.  Reporting  Style.     With  17 

•  original  illustrations  and  heading. 

Around  the  World  in  Eighty  Days.  184  pp.,  50c. ;  cloth,  60c.  By 
JULES  VERNE. 

The  Haunted  Man.  104  pp.,  50c. ;  cloth,  gilt,  60c.  By  CHAS. 
DICKENS.  Twenty-one  Original  page  Illustrations. 

Thankful  Blossom.    105  pp.,  40c.  ;   cloth,  50c.     By  BRKT  HARTE. 

A  Christmas  Carol.  Ill  pp.,  40c. ;  cloth,  50c.  By  CHARLES 
DICKENS. 

t  High  Speed  in  Shorthand  :  How  to  Attain  li  64  pp.,  40c.  With 
type  key. 

t  Shorthand  Examinations :  How  to  Prepare  for  and  How  to  Pass 
Them.  25c. 

t  Billy  Binks,  Hero.    32  pp.,  20c.     By  GUY  BOOTHBY. 

t  The  Phantom  Stockman.    32. pp.,  20c.     By  Guy  BOOTHBY. 

Gleanings,  No.  1  and  2.  48  pp.  each.  Each  20c.  Containing 
reproductions  of  notable  essays  by  T.  A.  REED  and  others,  or 
shorthand  matters,  with  printed  key. 

The  Legend  of  Sleepy  Hollow.  62  pp.,  20c.  By  WASHINGTON 
IRVING  ;  with  printed  Key  at  the  foot  of  each  page. 

Rip  Van  Winkle.  32  pp.,  20c.  By  WASHINGTON  IRVING  ;  with 
printed  Key. 

The  Bible  in  Shorthand.  Cloth,  beveled  boards,  red  edges,  $3  ; 
roan,  gilt  edges,  $3.50  ;  morocco,  gilt  edges  ?4.50.  Each  style 
has  a  silk  marker  and  comes  boxed.  Containing  the  Old  and 
New  Testaments. 

The  New  Testament.  368  pp.,  man,  red  edges,  S1.50  ,  Turkey 
morocco,  eilt  edges,  $2.  In  an  E;isv  Reporting  Style  of 
Phonography. 


The  Book  ol  Common  Prayer.  296  pp.,  roan,  red  edges,  $1.60  : 
Turkey  morocco,  gilt  edges,  $2.  In  an  Easy  Reporting  Style  of 
Phonography. 

The  Church  Services  (entire).  935  pp.,  roan,  $3  ;  morocco,  $4.  In 
an  Easy  Reporting  Style  of  Phonography. 

t  Commercial  Shorthand.    40c,     A  Reading  and  Dictation  book  with 
•   introduction  by  E.  A.  COPE. 


TYPEWRITING. 

Practical  Course  in  Touch  Typewriting.  By  CHAS.  E.  SMITH,  Authtr 
of  "  Cumulative  Speller."  Fifth  Edition,  revised  and  enlarged 
50c.  ;  cloth,  75c.  A  Scientific  Method  of  Mastering  the  Keyboard 
by  the  Sense  of  Touch.  The  design  of  this  work  is  to  teach  touch 
typewriting  in  such  a  way  that  the  student  will  operate  by  touch — 
will  have  an  absolute  command  of  every  key  on  the  keyboard, 
and  be  able  to  strike  any  key  more  readily  without  looking  than 
would  be  the  case  with  the  aid  of  sight.  A  separate  Chart  contain- 
ing Keyboard  and  Diagrams  printed  in  five  colours,  on  a  heavy 
double-calendered  cardboard  accompanies  each  copy.  Contains 
specimens  of  actual  Business  Letters,  Legal  Forms,  Specifications, 
Instructions  for  the  Use  of  the  Tabulator,  etc.,  all  printed  in 
actual  typewriter  type.  In  ordering  state  whether  Single  or 
Double  Keyboard  Edition  or  Oliver  Edition  is  desired.  Adopted 
by  the  New  York  Board  of  Education. 

"  I  am  pleased  to  state  that  I  consider  '  A  Practical  Course  in 
Touch  Typewriting '  the  only  text-book  from  which  I  studied, 
the  best  Typewriting  instruction  book  that  I  have  seen.  The 
exercises  are  excellent,  and  have  helped  me  wonderfully  in 
working  up  speed.  The  whole  course  is  very  interesting  from 
the  beginning,  and  it  cannot  but  produce  the  best  results  in  the 
shortest  time." — Rose  L.  Fritz,  World's  Champion  Typist. 

"  You  may  be  interested  in  knowing  that  our  teachers  and 
pupils  are  greatly  pleased  with  '  Practical  Course  in  Touch 
Typewriting.'  Although  this  work  has  been  in  use  lest  than 
two  weeks,  I  can  see  a  very  decided  improvement  in  the  work 
that  our  students  are  doing,  as  well  as  a  greatly  increased 
interest  in  Typewriting  work." — Chas.  Hermann,  President, 
Euclid  School,  Brooklyn,  N.  Y. 

Isaac  Pitman's  Typewriter  Manual.  $1.00-  Fifth  edition,  revised 
and  enlarged.  A  Practical  Guide  to  Commercial,  Literary,  Legal, 
Dramatic,  and  all  classes  of  Typewriting  work.  Contains  58 
plates.  All-finger  or  Touch  Typewriting  method. 

Remington  Typewriter  Manual.  40c. ;  cloth,  50c.  Seventh 
edition. 

10 


Instructions  on  the  Remington  Standard  Typewriter.  32  pp., 
20  cents.  Also  published  20c.  each  for  the  New  Century  Caligraph, 
Bar-Lock,  and  Yost. 

Typewriter  Backing  Sheet.  lOc.  Designed  to  protect  the  type  the 
platen,  and  to  assist  in  giving  better  and  longer  service  to  the 
writing  machine  and  lessen  the  noise.  The  sheet  is  printed  with 
line  numerals  from  1  to  60,  which  indicates  the  nearing  of  the  end 
of  the  sheet.  It  prevents  slipping  of  the  paper  and  wrinkling  of 
carbons. 

The  New  Universal  System  of  Touch  or  Sight  Typewriting.  By  I.  W. 
PATTON.  Third  Edition  Revised  and  Enlarged.  60c.  The  plan 
of  fingering  is  clear  and  simple.  No  antiquated  or  stereotyped 
method  to  puzzle  and  confuse  the  pupil.  The  keyboard  is  printed 
in  three  colors  for  the  different  fingers  and  one  glance  shows  the 
pupil  just  what  finger  to  use.  Over  two  thousand  lines  of 
fingering  exercises  on  words  and  sentences  are  furnished  to  the 
pupil. 


COMMERCIAL   CORRESPONDENCE, 
BUSINESS  ENGLISH,  SPELLING,  Etc. 

Pitman's  20th  Century  Business  Dictation  Book  and  Legal  Forms, 
272  pp.,  stiff  boards  and  cloth  back.  75c.  ;  cloth,  $1.00.  (Fifth 
edition.)  Containing  an  up-to-date  collection  of  genuine  letters 
(in  ordinary  type)  which  have  bee^  '...-.ed  in  the  transaction  of 
actual  work  in  large  American  business  houses,  classified  under 
fifty  distinct  lines  of  business,  each  set  of  letters  separate  ;  Legal 
Forms,  and  a  judicious  selection  of  practice-matter  for  general 
dictation.  Also  chapters  on  Spelling,  Punctuation,  Capitaliza- 
tion, and  Short  Practical  Talks  with  the  Amanuensis,  etc.  This 
work,  which  is  the  most  complete  dictation  course  published,  is 
specially  compiled  for  the  teacher,  the  beginner,  and  the  advanced 
student.  All  progressive  Schools,  without  reference  to  the 
system  of  Shorthand  taught,  should  insist  upon  each  student 
procuring  a  copy.  Every  teacher  of  Shorthand  or  Typewriting 
will  see  at  a  glance  the  immense  value  of  this  work  as  a  means  by 
which  students  may  study  American  business  correspondence  as 
it  actually  is.  All  matter  counted  for  speed-tasting. 

Also  published  in  two  parts,  as  follows  : — 

Part  1. — Business  Dictation.  168  pp.,  stiff  boards  and  cloth  back 
50c.  Containing  fifty  distinct  lines  of  business. 

Part  2.— Legal  Forms  and  Miscellaneous  Selections,  etc.  103  pp. 
stiff  boards  and  cloth  back.  40c. 

Pitman's  Cumulative  Speller.  112  pp.,  cloth,  40c.  By  CHARLES 
E.  SMITH,  author  of  "  A  Practical  Course  in  Touch  Typewriting." 
A  modern  and  practical  speller  for  Commercial  Education.  As 
the  title  indicates,  the  plan  is  cumulative.  Each  lesson  consists 
of  sixteen  words,  the  first  twelve  of  which  are  respelled  phonetic- 
ally and  defined.  The  syllabication,  pronunciation,  and  definition 
of  the  remaining  four  words  should  be  assigned  to  the-  student, 
either  as  homework  or  seat-work.  A  homework  dictionary, 
containing  all  of  these  special  words,  is  included  in  the  speller 
at  the  end  of  th»  first  hundred  regular  lessons.  This  feature  of 

11 


the  work  is  intended  to  aflord  the  student  a  ready  means  of 
acquiring  the  dictionary  habit — a  habit  so  essential  to  all  who 
take  pride  in  turning  out  accurate  work.  Nearly  all  of  the  words 
assigned  for  homework  are  later  on  repeated  in  the  regular  lessons, 
so  that  the  lessons  review  themselves  and  reduce  to  a  minimum 
the  necessity  of  having  special  review  lessons.  This  work  contains 
a  special  chapter  on  the  New  Spelling,  together  with  the  300 
words  recommended  by  the  Simplified  Spelling  Board,  and  is  the 
only  business  speller  published  containing  this  feature. 
"  »*  A  special  edition  of  "  Cumulative  Speller  "  is  also  issued  with 
a  Shorthand  Vocabulary  for  schools  teaching  the  Isaac  Pitman 
svstem.  Cloth,  gilt,  145  pp.,  75c.  Sample  pages  of  either 
edition  sent  on  request. 

"  The  Cumulative  Speller  appealed  to  me  so  strongly  when 
I  was  privileged  to  examine  the  proof  sheets,  that  it  was 
immediately  placed  on  our  list.  It  has  as  many  advantages 
as  the  old  time  speller  had  defects.  It  presents  a  unique  and 
scientific  method  in  dealing  with  what  has  always  been  a  most 
unsatisfactory  subject  to  the  shorthand  teacher.  It  gives  the 
student  an  extensive  shorthand  vocabulary  and  facility  in 
reading  his  Shorthand.  It  also  gives  him  a  satisfactory 
meaning  for  each  word,  and  it  saves  a  vast  amount  of  the 
teacner's  time." — A.  M.  Kennedy,  Kennedy  Shorthand  School, 
Toronto,  Canada. 

Punctuation  as  a  Means  of  Expression.  Its  Theory  and  Practice 
By  A.  E.  LOVELL,  M.A.  50c.  This  is  much  more  than  a  mere 
statement  of  rules.  The  author  has  written  an  interesting  and 
helpful  manual  of  tne  subject,  that  will  greatly  impress  the 
intelligent  student  and  be  much  appreciated  by  all  who  value 
clearness  and  thoroughness  in  writing. 

Style  Book  for  Business  English.  134pp.  75c.  For  Stenographers 
and  Correspondents.  This  new  treatise  will  especially  appeal  to 
the  teacher  of  English  wherever  it  is  seen.  Teachers  of  this 
subject  using  this  work  can  feel  assured  of  vastly  better  results 
than  they  have  ever  before  secured.  It  will  be  an  inspiration  to 
both  teacher  and  student. 

Key  to  Style  Book.    15c. 

Pitman's  Commercial  Dictionary.  The  latest  and  best  pocket 
dictionary.  384  pp.  Full  cloth,  lettering  in  color,  35c.  French 
morocco,  50c.  At  the  suggestion  of  a  number  of  teachers  who 
have  found  the  various  present-day  pocket  dictionaries  incom- 
plete and  inaccurate  for  commercial  and  public  school  work,  we 
have  prepared  this  work  which  contains  many  features  not  found 
in  books  of  this  character. 

WORKS  ON  SHORTHAND,   COURT 
REPORTING,  Etc. 

(In  Ordinary  Type.) 

t  Life  of  Sir  Isaac  Pitman.  392  pp.  Cloth  gilt,  gilt  top,  $2.00. 
Contains  fifty  illustrations,  including  photogravure,  steel,  and 
many  other  full-page  plates,  consisting  of  portraits,  views  and 
facsimiles.  Also  a  valuable  bibliography  of  shorthand.  The 
only  authentic  biography  of  the  Inventor  of  Phonography. 

12 


The  Shorthand  Writer.  240  pp.,  cloth,  gilt,  $1.00.  A  complete 
Guide  to  the  Commercial,  Professional,  and  other  uses  of  Short- 
hand. &y  THOMAS  ALLEN  REED.  This  volume  contains  Mr. 
Reed's  accumulated  experience  of  half  a  century's  study  and  prac- 
tice of  the  Art  of  Shorthand,  as  a  reporter,  professional  shorthand 
writer,  teacher,  lecturer,  and  examiner. 

History  of  Shorthand.  228  pp.,  75c.  ;  cloth,  $1.00.  By  SIR  ISAAC 
PITMAN.  Third  edition.  Containing  a  description  of  the  principal 
systems  of  shorthand  which  have  been  published  from  the  time 
of  Bright  in  1588,  together  with  a  short  account  of  the  early 
history  of  the  art,  and  prefaced  with  a  summary  of  Phonography. 
The  book  also  contains  16  pages  of  alphabets  of  the  principal 
systems,  with  numerous  specimens  of  shorthand.  The  largest 
and  most  complete  history  of  shorthand  ever  published. 

Life  and  Work  of  Sir  Isaac  Pitman.     Illustrated.    40c. 

Pitman's  Popular  Guide  to  Journalism.    112  pp.,  cloth,  50c. 

Reporting  Hints  and  Practice.    Cloth,  40c 

Essentials  of  Phonography.    24  pp.,  20c. 

t  Pitman's  Shorthand  &  Typewriting  Year  Book  and  Diary.   40c. 

International  Shorthand  and  Typewriting  Contests.  Contains  the 
photographs  of  winners  and  the  records  made  in  the  principal 
contests.  24  pp.,  5c. 

A  Chapter  in  the  Early  History  of  Phonography.  Cloth,  40c.  Bv 
THOMAS  ALLEN  REED.  With  a  Preface  by  SIR  ISAAC  PITMAN. 

t  The  Bibliography  of  Shorthand.  258  pp.,  cloth,  $2.00-  By  D. 
WESTBY-GIBSON.  Comprising  a  list  of  all  known  printed  Works 
and  Manuscripts  on  Stenography  and  Phonography,  by  English, 
Colonial,  and  American  authors. 

t  Court  Reporting :  A  Manual  of  Legal  Dictation  and  Forms.  290 
pp.  Half  law  sheep,  $1.00.  This  book  is  designed  for  Steno- 
graphers and  Typewriter  operators  who  are  desirous  of  becoming 
proficient  and  expert  in  Law  Work  and  Court  Reporting. 

+  Civil  Service  Examinations,  24  pp.,  25c.  One  of  the  most 
imro  tant  b'anches  of  the  Civil  Service  is  that  covered  by  the 
gene-al  title  of  cle-ical  force.  Of  this  department,  the  position 
o"  stenoyrapher  and  typew  iter  usuallv  takes  piecedence  and, 
with  one  or  two  exceptions,  is  the  most  remunerative. 

How  to  Become  a  Law  Stenographer.  168  pp.,  75c.  Cloth,  gilt, 
•Sl.OO.  For  Stenographers  and  Typists.  A  Compendium  of  Legal 
Forms,  containing  a  complete  set  of  Legal  Documents  accompanied 
with  full  explanations  and  directions  for  arranging  the  same  on 
the  typewriter.  This  work  will  be  found  an  indispensable 
companion' for  every  stenographer  intending  to  take  a  position  in 
a  law  office 


MISCELLANEOUS  WORKS. 

BANKING,   BOOK-KEEPING,   INSURANCE,  MEMORY    etc. 

A  Complete  Guide  to  the  Improvement  of  the  Memory.    136  p  p  ,  40c. ; 

cloth,  50c.     Or,  The  Science  of  Memory  Simplified.     By    Rev. 

J.  H.  BACON. 
A  Guide  to  English  Composition.      112pp.,  40c. ;  cloth,  50c.     With 

Progressive  Exercises.     By  Rev.  J.  H.  BACON. 
Business  Handwriting.    40c. 
Primer  ol  Book-keeping.     40c.     An  introductory  and  preparatory 

course. 

Answers  to  "  Primer,"    Cloth,  40c. 
Book-keeping  Simplified.    Cloth,  85c. 
Answers  to  Book-keeping  Simplified.    Cloth,  40c. 
Pitman's  Advanced  Book-keeping.    187  pp.,  cloth,  $1.00. 
Answers  to  Advanced  Book-keeping.    Cloth,  40c. 
Pitman's  Complete  Book-keeping.    372  pp.,  cloth,  $1.50 
Answers  to  Complete  Book-keeping.    Cloth,  85c. 
How  to  Teach  Book-keeping.    200  pp.,  cloth,  $1.00. 
Pitman's  Business  Man's  Guide.    500  pp..  doth.  $1.25- 

Pitman's  Economic  History  of  England.  400  pp.,  with  diagrams. 
Cloth,  gilt,  S2.00.  By  H.  O.  MEREDITH,  M.A.  The  study  of 
Economic  History  is  becoming  more  and  more  important,  and 
the  general  trend  of  politics  makes  it  absolutely  essential  thai 
the  man  or  the  woman  who  takes  an  interest  in  the  great  move- 
ments which  are  now  going  on  in  the  world  should  be  posted  in 
all  the  latest  conclusions  as  to  the  condition  of  the  people  at 
different  periods. 

Pitman's  Commercial  Geography  of  the  World.  268  pp.,  colored 
plates  and  maps.  Cloth,  gilt,  85c. 

Business  Terms  and  Phrases.  164  pp.,  cloth,  85c.  Containing 
explanations  of  terms,  phrases,  and  abbreviations,  in  English, 
with  French,  German,  and  Spanish  equivalents. 

Pitman's  Paper  Flower  Making  Cloth,  60c.  Colored  plates  and 
150  illustrations. 

The  World  and  its  Commerce.    128  pp.,  and  35  maps.     Boards,  35c. 

Dictionary  of  the  World's  Commercial  Products.  163  pp.,  $1.00. 
Second  Edition  Revised.  With  equivalents  in  French,  German, 
and  Spanish.  A  simple  and  concise  encyclopaedia,  giving  in  clear 
and  accurate  language  a  description  of  all  the  principal  com- 
mercial products  of  the  world.  Information  is  supplied  as  to 
the  sources  of  production,  the  uses  to  which  the  various  products 
are  applied,  and  the  countries  which  trade  in  them. 

Cane  Weaving  for  Children.  32  pp.,  20c.  An  educational  method 
of  hand  training.  By  Lucy  R.  LATTER. 

Encyclopaedia  of  Marine  Law.  300  pp.,  cloth,  gilt,  $2.00.  By 
LAWRENCE  DUCKWORTH.  A  knowledge  of  Marine  Law  is  of  the 
utmost  importance  to  all  those  who  are  in  any  way  connected 
with  the  shipping  trade. 

14 


Insurance.  340  pp.,  cloth,  $2.50.  A  Practical  Exposition  for  the 
Student  and  Business  Man.  By  T.  E.  YOUNG,  B.A.,  F.R.A.S., 
Ex-President  of  the  Institute  of  Actuaries,  and  Member  of  the 
Actuarial  Society  of  America.  A  thoroughly  practical  Treatise 
for  all  engaged  in  Insurance  work.  Treats  fully  of  Life,  Fire 
and  Marine  Insurance.  A  work  of  living  interest  and  will  prove 
of  the  utmost  practical  value.  Adopted  by  Yale  University. 

"  It  is  unquestionably  the  very  best  single  work  which  can 
be  obtained  for  use  of  a  class  in  the  subject,  and  I  am  very 
pleased  to  be  able  to  recommend  and  adopt  such  a  text."— 
Edear  Van  Dewson,  A.M.,  Instructor  in  Finance,  Dartmouth 
College,  Hanover  (N.H.). 

Insurance  Office  Organization,  Management  and  Accounts.  150  pp., 
cloth,  $1.50.  A  Companion  Volume  to  "  Insurance."  By  T.  E. 
YOUNG,  B.A.,  F.R.A.S.,  and  RICHARD  MASTERS. 

"  It  covers  primarily  the  numerous  points  arising  in  office 
organization — books  of  accounts,  the  arrangement  of  work, 
the  staff  and  its  selection,  salaries,  promotion,  the  training  of 
clerks,  dismissals,  retirement  and  superannuation — together 
with  many  important  suggestions  as  to  matters  growing  out  of 
the  conduct  of  the  business  at  the  head  office.  This  work  is  an 
extremely  practical  one,  and  there  can  hardly  be  an  insurance 
office  in  the  country  which  would  not  find  useful  and  valuable 
suggestions  therein,  which  if  adopted  or  adapted,  would 
improve  the  records  or  minimize  the  office  work  or  both.  It 
is  of  particular  value  to  those  contemplating  the  establishment 
of  new  insurance  companies." — The  Spectator  New  York. 

Pitman's  Secretary's  Handbook,  366  pp.,  cloth,  gilt,  $2.00.  By 
HERBERT  E.  BLAIN. 

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Herbert  K.  Blain.  and  can  say  that  I  could  consistentlv  recom- 
mend it  as  an  invaluable  aid  to  anyone  who  holds  or  hopes  to  hold 
a  position  as  secretary  to  a  man  in  public,  professional  or  business 
life,  or  in  corporation  work.  In  fact  it  would  be  of  intere01'  to 
anyone  who  rnlds  or  hopes  to  hold  any  position  of  trust  or 
responsibility." — Byron  H.  Milner,  Wharton  School  of  Finance 
and  Commerce,  University  of  Pennsylvania,  Pa. 

Accountancy-  311  pp., cloth,  gilt,  82.00.  By  FRANCIS  W.  PIXLEY. 
An  entirely  new  work  dealing  with  Accountancy,  Constructive 
and  Recording,  from  a  theoretical  and  a  practical  point  of  view. 
The  latest  exposition  of  the  science. 

Money.  Exchange  and  Banking.  270  pp.,  cloth,  gilt,  $2-00.  By 
H.  T.  EASTON,  Associate  of  the  Institute  of  Bankers.  Treats  of 
the  above  subjects  in  their  practical,  theoretical,  and  legal  aspects. 

"  Is  so  complete  and  contains  so  much  that  business  men  and 
banks  in  the  financial  districts  have  ordered  their  clerks  to 
read  it.  It  also  contains  information  that  every  modern  busines= 
man  should  have  at  'his»fingers'  ends." — N.  Y.  Evening  Telegram 

Office  Organization  and  Management.  315  pp.,  cloth,  gilt,  $2.00. 
By  LAWRENCE  R.  DICKSEE,  M.Com.,  F.C.A.,  and  H.  E.  BLAIN 
This  volume  gives  in  detail,  with  the  aid  of  specially  selected 
illustrations  and  copies  of  actual  business  forms,  a  complete 
description  of  management  and  organization  under  the  most 
improved  and  up-to-date  methods. 

15 


WORKS,   ETC.,   FOR    TEACHERS  OF 
PHONOGRAPHY. 

All  Teachers  of  Isaac  Pitman's  Phonography  are  requested  to  send 
their  address  tor  registration  to  Isaac   Pitman  &•  Sons,  31    Union 
Square.  New    York. 


The  Pitmanic  Guide.  21  pp.,  15c.  Containing  a  veritable  mine  of 
information  about  the  system  both  for  students  and  teachers, 
especially  those  who  have  previously  studied  other  Pitmanic 
methods,  and  it  will  be  found  exceedingly  useful  to  teachers  who 
are  contemplating  making  a  change  from  such  modifications  to 
the  pure  Isaac  Pitman  system. 

Chart  of  the  Phonetic  Alphabet  22  by  35  in.  10c.  Same  mounted 
on  canvas  rollers  and  varnished,  76c.  Containing  the  Shorthand 
and  Printing  letters. 

t  Charts  on  Pitman's  Shorthand.  35  by  22  in.  S2.50  ;  on  canvas, 
$4  00.  Ready  for  hanging  on  wall.  A  series  of  14  large  Charts 
illustrating  the  principles  of  Phonography  as  developed  in  the 
text-books.  Every  Teacher  should  have  a  set  to  hang  on  the 
walls  of  his  class-room.  These  Charts  are  invaluable  for  Class 
tuition. 

Some  Points.  Twelve  pages  and  four  cover  pages  printed  in  red 
and  green.  Price,  40c.  per  100  ;  81.76  for  500,  post  paid.  Teachers 
and  schools  will  find  this  one  of  the  most  attractive  pamphlets 
ever  published  in  connection  with  the  Isaac  Pitman  system 
Sample  copy  free. 

A  Persuasive  to  the  Study  and  Practice  of  Phonography,  16  pp.,  40c. 
pfr  100  ;  $3.00  per  1,000  net,  post-paid.  In  attractive  tinted 
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-   and  publications  sold. 

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"  Which  System  of  Shorthand  Should  we  Learn  ?  "  32  pp.  in  attrac- 
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in  two  colours  and  marginal  captions.  Sample  copy  free.  25 
copies,  25c.  ;  100  copies,  75c.,  post-paid. 

Shorthand  in  the  Executive  Departments  at  Washington.  6  pp., 
and  space  for  school  imprint,  two  colors.  Sample  free.  Price, 
POST  PAID,  100  copies,  15c.  ;  500  copies,  65c. 

16 


Court  Reporters'  Testimony  to  the  Superiority  of  the  Isaac  Pitman 
Shorthand.  12  pp.,  and  *pate  for  imprint  on  first  page  of  cover. 
Teachers'  NET  PRICE,  POST-PAID  :  25  copies,  15c.  ;  100  copies, 
40c.  250  copies,  85c. 

Twelve  Reasons  for  Learning  Isaac  Pitman's  Shprthand.  Four 
pages,  printed  in  two  colors,  and  space  for  imprint.  Teachers' 
NET  PRICE,  POST  PAID  :  100  copies,  12c.  ;  500  copies.  50c. 

The  New  VS.  The  Old,  or  the  Isaac  Pitman  Phonography  vs.  Benn 
Pitman,  Graham,  and  Others.  Eight  pages.  Teachers'  NET 
PRICE,  POST-PAID  :  25  copies,  15c.  ;  100  copies,  40c.  ;  250  copies, 
85c. 

PERIODICALS. 

Pitman's  Journal.  Terms  of  Subscription  :  Per  Year  in  Advance, 
50c.  Special  Club  rates  on  application.  Sample  copy  free.  An 
American  Magazine  for  Isaac  Pitman  Teachers  and  Writers. 
Issued  monthly,  except  July  and  August.  Each  number  of 
PITMAN'S  JOORNAI  contains  twenty-four  pages  (size  7j  by  9J)  and 
includes  eight  columns  of  beautifully  engraved  Phonography, 
furnishing  invaluable  means  for  study  and  practice  to  students 
of  the  art.  Current  topics  of  interest  appear  in  every  issue  by 
contributors  of  reputation  and  experience,  making  the  JOURNAL 
of  the  highest  usefulness  to  both  the  beginner  and  experienced 
teacher.  Facsimile  notes  and  Prize  Competitions  are  special 
features. 

t  Bound  volumes  of  PITMAN'S  JOURNAL  :  Vol.  I  and  II,  S2-50 
each  ;  Vol.  Ill  and  IV,  S1.50. 

Other  Shorthand  Periodicals. 

ISAAC  PITMAN  &  SONS,  31  Union  Square,  New  York,  are  agents  and 
accept  subscriptions  for  the  following  English  publications  : — 

Pitman's  (English)  Journal.  Founded  by  Sir  Isaac  Pitman  in  1842. 
The  oldest  and  only  weekly  periodical  (in  any  system)  in  existence 
devoted  to  SHORTHAND,  TYPEWRITING,  and  kindred  subjects. 
Each  number  consists  of  42  pp.,  and  comprises  12  COLUMNS  OF 
PRINTED  SHORTHAND.  Terms  of  Subscription.  Payable  in 
Advance : — 

12  months.  52  weekly  issues        . .        $1.75 
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Pitman's  Shorthand  Weekly.  Sixteen  pages.  Beautifully  printed 
in*  the  reporting,  corresponding,  and  learner's  styles,  and  profusely 
illustrated.  The  contents  consist  of  stories  and  tales,  serial  and 
complete  ;  interesting  extracts  ;  amusing  paragraphs  ;  phono- 
graphic jokes  and  anecdotes.  Terms  of  subscription  same  as  the 
PITMAN'S  (ENGLISH)  JOURNAL. 

t  Bound  volumes  (Half- Yearly)  of  PITMAN'S  SHORTHAND  WEEKLY 
as  follows  : — Vols.  1  to  7  out  of  print ;  vol.  8  to  the  present  date, 
$1.50  each. 

17 


Pitman's  Shorthand  Budget  The  monthly  edition  of  P.S.W, 
Each  issue  contains  32  to  40  pages  of  Engraved  Phonography, 
and  fully  illustrated.  Twelve  months,  $1.75;  Six  months.  $1.00. 
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PHONOGRAPHIC  STATIONERY 
•  AND  SUPPLIES. 


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19 


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PHOTOGRAPHS. 

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20 


LANGUAGES. 


SPANISH. 

Pitman's  Practical  Spanish  Grammar  and  Conversation  for  Self 
Instruction.  112  pp.,  40c.  ;  cloth,  50c.  With  copious  Vocabulary 
and  IMITATED  Pronunciations.  By  the  aid  of  this  book, 
the  student  is  enabled  to  rapidly  acquire  a  perfect  knowledge 
of  the  Spanish  language. 

"  This  honored  house  has  a  right  to  style  itself  '  rapid,"  for 
it  not  only  is  at  the  front  with  rapid  stenography  and  with  the 
best  rapid  methods  of  learning  French  and  Spanish,  but  it  is 
rapid  in  getting  into  the  field  with  new  books  for  new  issues. 
We  would  advise  well-educated  young  men  to  master  Spanish. 
It  is  not  a  difficult  language,  and  Pitman's  Practical  Spanish 
Grammar  makes  it  doubly  easy.  In  saying  anything  of  the 
Pitmans  we  think  of  their  shorthand  equipment.  There  is  not 
much  trouble  in  acquiring  the  ability  to  writo  Spanish  in 
shorthand  after  one  thoroughly  masters  the  language.  The 
*uture  is  very  promising  in  this  direction  for  American  youths 
who  know  Spanish." — Jownal  of  Education  (Boston). 

Easy  Spanish  Conversational  Sentences.  32  pp.,  20c.  With  Literal 
Interlinear  Translation  and  Imitated  Pronunciation 

Advanced  Spanish  Conversational  Exercises.    32  pp..  20c. 

Spanish  Business  Letters.  32  pp.,  20c.  With  Vocabulary  and 
copious  notes  in  English. 

Spanish  Commercial  Phrases.  32  pp.,  25e.  With  Abbreviations 
and  Translations. 

Spanish  Business  Interviews.  96  pp.,  40c. ;  cloth,  50c.  With 
Correspondence,  etc.,  each  forming  a  complete  G>mmercial 
Transaction,  including  Technical  Terms  and  Idiomatic  Expres- 
sions, accompanied  by  a  copious  Vocabulary. 

Spanish  Tourists'  Vade  Mecum.  Cloth,  40c.  Every-day  Phrases, 
With  Vocabularies,  Tables,  etc.,  and  the  exact  pronunciation  of 
every  word. 

Dictionary  of  Commercial  Correspondence  in  French,  German 
Spanish,  and  Italian.  600  pp.,  cloth,  $2.50.  Containing  the 
most  common  and  ordinary  terms  and  phrases  of  a  commercial 
nature. 

Pitman's  Commercial  Correspondence  in  Spanish.  267  pp.,  cloth 
gilt,  $1.00.  The  increasing  importance  of  a  study  of  the  Spanish 
language  has  induced  the  Publishers  to  issue  an  edition  of 
their  successful  work,  "  Commercial  Correspondence  "  (already 
published  in  English,  French,  and  German)  in  that  language.  The 
work  gives  all  the  letters  contained  in  the  other  editions,  and 
there  is,  in  addition,  a  full  account  of  the  Spanish  Weights  and 
Measures  and  the  Spanish  Coinage.  Facsimiles  of  all  important 
business  forms  and  documents  in  Spanish  are  an  important  feature 
of  the  work.  The  Map  of  Spain  has  all  the  names  of  towns,  rivers, 
etc.,  in  Spanish.  A  very  complete  Appendix  of  commercial 
idioms  adds  to  the  value  of  the  work. 

21 


FRENCH. 

Pitman's  Complete  French  Course.  210  pp.,  cloth,  gilt,  60c.  For 
Self-Instruction.  Part  I.,  consisting  of  Grammar  to  the  end  of 
the  Regular  Verbs,  Conversational  Phrases  and  Sentences,  Short 
Stories,  and  French-English  and  English-French  Vocabularies. 
Part  II.,  Grammar,  including  the  Irregular  Verbs,  Conversational 
Phrases  and  Sentences,  Selections  of  French  Prose,  and  French- 
English  and  English-French  Vocabularies,  and  Summary  of 
French  Grammar  Reforms. 

Pitman's  French  Course.  Part  L  96  pp.,  20c. ;  cloth,  25c. 
Grammar  to  end  of  the  regular  verbs  ;  with  exercises. 

Pitman's  French  Course.  Part  II.  25c. 
Key  to  Part  1,  French  Course.  Cloth,  50c. 
Key  to  Part  2,  French  Course.  Cloth,  50c. 

Pitman's  Practical  French  Grammar.  128  pp.,  paper  boards,  40c.  ; 
doth,  60c.  And  Conversation  for  Self-Instruction,  with  Copious 
Vocabulary  and  Imitated  Pronunciation.  The  Latest  and  Best 
Method  for  Learning  French  without  a  Master. 

A  Child's  First  Steps  in  French.  84  pp.,  cloth,  25c.  An  elementary 
French  reader  with  vocabulary. 

Pitman's  Chart  of  the  French  Regular  Verbs.  10c.  Terminations 
of  the  Four  Conjugations  and  a  Full  Exhibition  of  the  Auxiliaries. 

Pitman's  French  Commercial  Reader.  208  pp.,  cloth,  gilt.  85c. 
Deals  in  an  interesting  manner  with  the  leading  commercial  and 
National  Institutions  of  France.  The  reading  matter  is  most 
carefully  selected,  and  while  the  student  of  French  is  improving 
his  mastery  of  the  language,  he  is  at  the  same  time  getting  a  good 
insight  into  French  commercial  methods.  Accuracy  is  assured 
as  the  Reader  has  been  prepared  under  the  supervision  of  well 
known  masters;  in  modern  languages. 

Tourist's  Vade  Mecum  of  French  Colloquial  Conversation.  91  pp., 
cloth,  40c.  A  careful  selection  of  every-day  Phrases  in  constant 
use,  with  Vocabularies,  Tables,  and  the  Exact  Pronunciation  of 
every  Word.  An  Easy  Method  of  acquiring  a  knowledge  of 
French  sufficient  for  all  purposes  for  Tourists  or  Business  Men  on 
a  trip  to  Paris. 

Commercial  Correspondence  in  French.  240  pp.,  cloth,  85c.  Gives 
all  the  letters  of  the  "  Commercial  Correspondence  "  translated 
into  French,  and  also  a  chapter  on  French  Commercial  Corre- 
spondence, a  List  of  French  Commercial  Abbreviations,  French 
coinage,  weights,  measures,  etc.,  together  with  a  number  of 
reduced  facsimiles  of  actual  French  business  forms  and  documents. 
Notes  are  added  to  each  letter. 

French  Business  Letters.  31  pp.,  20c.  Being  a  Practical  Handbook 
of  Commercial  Correspondence  in  the  French  language,  with 
copious  notes  in  English. 

22 


Easy  French  Conversational  Sentences.    32  pp.,  20c. 

French  Business  Interviews.  104  pp.,  40c.  ;  cloth,  50c.  With 
Correspondence,  Invoices,  etc.,  each  forming  a  complete  Com- 
mercial Transaction,  including  Technical  Terms  and  Idiomatic 
Expressions,  with  copious  vocabulary  and  notes  in  English. 

French  Commercial  Phrases  and  Abbreviations  with  Translations 
30  pp..  20c 

French  :Phrases  for  Advanced  Students,    97  pp.,  50c. 

Madge's  Letters.  32  pp.,  20c.  Introducing  Idiomatic  Expressions. 
French  and  English. 

Advanced  French  Conversational  Exercises.    32  pp.,  20c. 

Les  Bourgeois  Gentilhomme.  40c. ;  cloth,  50c.  Moliere's  Comedv 
in  French,  fully  annotated. 

Dictionary  of  Commercial  Correspondence  in  French,  German 
Spanish,  and  Italian.  500  pp.,  cloth,  82.50 

Pitman's  International  Mercantile  Letters.  English-French.  Cloth 
gilt,  86c. 


GERMAN. 

Pitman's  Practical  German  Grammar.  112  pp.,  40c.  ;  cloth,  50c. 
And  Conversation  for  Self-Instruction,  with  copious  Vocabularv 
and  Imitated  Pronunciation.  An  entirely  original  method  nevei 
before  presented  to  the  public. 

Pitman's  German  Course,  PART  I.    96  pp.,  20c. 
Key  to  Pitman's  German  Course,  PART  1.    50c. 

Pitman's  German  Commercial  Reader.  208  pp.,  cloth,  gilt,  85c. 
Is  prepared  on  similar  lines  to  the  French  Commercial  Reader 
It  furnishes  a  practical  introduction  to  German  commercial 
institutions  and  transactions,  with  questions  and  exercises  which 
render  it  well  suited  for  use  in  schools.  Students  are  afforded 
the  fullest  help  possible  from  plates,  illustrations,  maps  and 
facsimiles  of  German  commercial  documents. 

Commercial  Correspondence  in  German.  240  pp.,  doth,  85c. 
Gives  all  the  letters  of  the  "  Commercirii  Correspondence " 
translated  into  German,  with  useful  notes  at  the  foot  of  each 
letter.  It  also  contains  a  chapter  on  German  Commercial 
Correspondence,  with  a  List  of  oerman  Business  Abbreviations. 

German  Business  Interviews.  Series  1  andi>,  each  100  pp.,  eact 
40c.  ;  cloth,  50c.  With  Correspondenct,  Invoices,  etc..  eacb 
forming  a  compi-tf  Commercial  Transaction 

English-German  Dictionary  ot  Business  Wj.ds  air!  Terms.  Veit- 
pocket  edition.  160  pp  .  85c. 

Elementary  German  Commercial  Correspondence.  143  pp.,  cloth 
75c.  By  LEWIS  MARSH,  A.B. 

23 


Tourist's  Vade  Mecurn  o!  German  Colloquial  Conversation.  64  pp., 
cloth,  40c. 

Popular  German  Reader,  No.  1.  "  My  Child  Wife."  32  pp.,  20c. 
From  "  David  Copperfield."  With  Translation  and  Imitated 
Pronunciation. 

Hier  and  Da.  Part  1  and  2.  32  pp.,  each.  20c.  each.  A  collection 
of  Wit,  Hrmor,  Satire  and  Interesting  Extracts. 

Madge's  Letters.  32  pp.,  20c.  German  and  English  on  opposite 
pages. 

illerlei      ZOc.     Titbits  and  Quotations  in  German. 

German  Commercial  Phrases  and  Abbreviations,  with  Translations. 
~30  pp  ,  20c. 

German  Business  Letters.  PART  I.  30  pp.,  20c.  A  Practica 
Handbook  of  Commercial  Correspondence  in  the  German  Lan- 
guage, with  Letters  in  German  Script  characters. 

Easy  German  Conversational  Sentences.    32  pp.,  20c. 

advanced  German  Conversational  Exercises  with  Translations. 
32  pp.,  20c. 

Dictionary  of  Commercial  Correspondence  in  French,  German, 
Spanish,  and  Italian.  500  pp.,  cloth,  $2-50.  Containing  the  most 
common  terms  and  phrases  of  a  commercial  nature. 

Pitman's  International  Mercantile  Letters.  English-German.  Cloth, 
?ilt,  85c. 

PORTUGUESE. 

A  New  Dictionary  of  the  Portuguese  and  English  Languages. 
Enriched  by  a  great  number  of  technical  terms  used  in  commerce, 
industry,  arts  and  sciences,  and  including  a  great  variety  of 
expressions  from  the  language  of  daily  life,  based  on  a  MS.  of 
JULIUS  CORNET.  By  H.  MICHAELIS.  Second  Edition.  In  two 
vols.,  cloth  gilt.  Portuguese-English  and  English-Portuguese. 
$4.25  each.  Each  volume  sold  separately. 

Abridged  Dictionary  of   the  Portuguese   and    English  Languages, 

Including  Technical  Expressions    of  Commerce  and   Industry,   of 

Science    and    Arts.  By    H.     MICHAELIS.      In    Two    Parts :    I, 

Portuguese-English;  II,   English- Portuguese.     Both  parts  in  one 
vol.     $4.25. 

Pitman's  International  Mercantile  Letters.  English- Portuguese. 
Cloth,  gilt,  $1.25. 

ITALIAN. 

Pitman's  International  Mercantile  Letters.  English-Italian.  Cloth, 
gilt,  $1.00. 

HUGO'S  SYSTEM, 
t  Spanish  Simplified,    cloth,  $1.00. 
t  French  Simplified,    cloth.  $1.00. 
t  German  Simplified,  cloth,  $1.00. 
t  Italian  Simplified,     cloth,  $1.00. 

24 


SOME    EXPERT   OPINIONS    OF 

ISAAC  PITMAN'S  SHORTHAND 


THE  STANDARD  SYSTEM. 

"  The  standard  system  of  the  world." — "  The  Globe  and 
Commercial  Advertiser,"  New  York, 

THE  BEST  SYSTEM. 

"  All  shorthand  writers  in  the  world  concede  the  debt  of  gratitude 
to  Isaac  Pitman  as  the  original  Inventor  of  the  best  system  ol  short- 
hand, and  the  one  which  forms  the  basis  for  a  hundred  or  more 
modifications." — Dr.  W.  T.  Harris,  late  U.S.  Commissioner  of 
Education,  Washington,  D.C. 

UNDOUBTEDLY  THE  BEST. 

"  The  Isaac  Pitman  Phonography  is  undoubtedly,  when  all  points 
are  considered,  the  best  system.  .  .  It  is  the  only  one  prescribed 
in  Ontario,  and  it  is  used  extensively  in  the  United  States  and  in 
the  public  schools  of  its  largest  cities.  .  .  It  has,  too,  a  more 
extensive  literature  than  all  other  systems  combined." — Dr.  A.  H. 
.\facKay,  Supt.  of  Education,  Halifax,  N.S.,  Canada. 

CAN  MAKE  NO  MISTAKE  IN   CHOOSING  IT. 

"  Two  hundred  and  eighty-one  systems  have  appeared  since  Isaac 
Pitman's  invention  of  Phonography,  and  all  are  founded  upon  that 
system.  Pitman's  is  now  written  by  at  least  three-quarters  of  the 
practical  shorthand  writers,  and  the  learner  can  make  no  mistake 
in  choosing  it.  On  the  other  hand,  he  may  be  led  into  wasting 
much  time  by  adopting  some  other  system  having  serious  defects, 
not  apparent  at  first." — "  The  Youth's  Companion,"  Boston,  Mass. 

SUPERIOR  TO   ANY  OTHER. 

"  I  have  been  a  practitioner  of  the  Isaac  Pitman  system  for  many 
years,  and  believe  it  is  superior  to  any  other.  Although  I  am 
personally  acquainted  with  many  fast  and  accurate  writers  among 
the  users  of  the  various  Pitmanic  systems,  I  regard  this  fact  as  an 
endorsement  for  the  Isaac  Pitman  system,  because,  '  imitation  is 
the  sincerest  form  of  flattery.'  I  can,  however,  truthfully  say  that 

25 


I  am  not  acquainted  with,  nor  do  I  know  of  by  reputation  (excepting 
two  veteran  Gurney  writers)  a  single  rapid  and  accurate  writer  who 
is  not  a  Pitmanic  follower.  It  does  not  follow,  of  course,  that  such 
do  not  exist,  but  I  do  know  they  are  not  conspicuous  in  this  vicinity 
I  am  a  firm  believer  in  the  orthodox  manner  of  teaching  and  prac- 
tising Phonography  as  laid  down  in  the  authorised  text-book  of 
the  Isaac  Pitman  system,  viz.  :  '  The  Complete  Phonographic 
Instructor,"  and  am  decidedly  of  the  opinion  that  any  serious 
departure  therefrom  will  only  produce  harmful  results." — Frank 
D.  Curtis,  Official  Stenographer,  U.S.  Circuit  Court,  New  York. 


HOLDS  THE  RECORD  FOR  SPEED. 

"  The  Isaac  Pitman  Shorthand  is  the  best  system.  It  is  the  most 
universally  used,  being  the  simplest,  briefest,  and  most  logical  in 
existence.  It  is  adapted  to  Spanish  and  ten  other  languages.  It 
is  used  exclusively  in  the  New  York  High  Schools,  and  it  holds  the 
record  for  speed." — "  Success,"  New  York  City. 


THE  MOST  SIMPLE,   LEGIBLE.   AND  BRIEF. 

"  In  1890,  Isaac  Pitman  &  Sons,  to  meet  the  increasing  American 
demand  for  a  more  perfect  system  than  that  of  the  ninth  or  tenth 
editions,  established  head-quarters  in  New  York.  The  result  has 
been  that  the  New  York  High  School  of  Commerce  and  other  leading 
educational  institutions  are  now  adopting  the  twentieth  century 
presentation  of  the  Isaac  Pitman  phonography,  which  is  conceded 
to  be  the  most  simple,  legible,  brief,  and  logical  system  in  existence. 
Its  publishers  have  behind  them  the  plant,  capital,  and  experience 
of  sixty-five  years'  accumulation,  and  the  co-operation  of  over  three 
millions  of  successful  practitioners.  .  .  .  The  improvements  made 
by  the  inventor  and  assisted  by  a  large  army  of  experienced  teachers 
and  expert  reporters  in  the  United  States  and  Great  Britain,  have 
continued  from  1840  to  the  present  time,  and  everything  that  brains 
and  experience  can  accomplish  has  been  applied  to  its  improvement. 
.  .  .  The  Isaac  Pitman  alphabet  (1903),  which  is  composed  of 
simple  and  distinct  characters,  is  not  likely  to  be  improved  upon 
during  the  existence  of  any  one  now  living." — From  1904  Edition  of 
Appleton's  "  Universal  Cyclopeedia  and  Atlas."  ' 

"  Owing  to  the  fact  that  the  Isaac  Pitman  system  of  stenography 
has  been  exclusively  adopted  by  the  New  York  Board  of  Education, 
the  appearance  of  a  new  edition  of  the  '  Shorthand  Instructor '  is 
a  matter  of  more  than  ordinary  interest.  This  system  has  been  in 
use  for  over  sixty  years,  and  it  is  well-nigh  impossible  to  imagine 
that  the  art  could  ever  be  brought  to  a  higher  state  of  perfection. 
The  revised  twentieth  century  edition  of  the  '  Instructor  '  contains 
many  improvements,  and  all  Pitman  writers  who  took  up  the  study 
of  shorthand  several  years  ago  will  do  well  to  secure  a  copy,  so  that 
they  may  know  the  system  in  its  highest  state  of  development." — 
"  The  Globe  and  Commercial  Advertiser,"  New  York. 

"  The  committee  of  the  Public  School  Board  appointed  to  select 
the  best  system  of  shorthand  for  the  schools'  commercial  course,  met 
yesterday  and  decided  upon  the  Isaac  Pitman  system." — "  Toronto 
Globe,"  Toronto,  On*.,  Canada. 

26 


•  "  I  am  not  an  Isaac  Pitman  writer  (although  I  am  a  Pitmanic 
writer),  yet  I  recognize,  and  demand  recognition  of  Isaac  Pitman 
as  the  source  of  the  so-called  Benn  Pitman,  Munson,  and  all  the  other 
Pitmanic  styles.  There  is,  in  fact,  only  one  Pitmanic  system,  viz., 
that  invented  by  Mr.  Isaac  Pitman,  the  others  are  merely  different 
styles,  or  adaptations  of  the  original." — Editor,  "  Typewriter  and 
Phonographic  World,"  New  \ '  ork. 

"  The  system  of  shorthand  invented  by  Sir  Isaac  Pitman  is  the 
best  known  of  all  methods,  and  has  been  adopted  by  the  city  of 
New  York  and  other  large  cities  as  the  standard  in  the  Public 
Schools." — "  Waverley  Magazine,"  Boston,  Mass. 

"The  most  logical,  practical,  and  systematic  of  any  system  of 
shorthand." — Boston  (Mass.)  Journal. 

"  Many  systems  of  shorthand  have  come  and  gone  since  Sir  Isaac 
Pitman  invented  his  '  Phonography'  in  1837,  but  none  has  been 
able  to  supplant  it  entirely,  for  it  lias  been  steadily  improved.  In 
spite  of  the  many  variations  and  offshoots  from  it,  this  system  still 
has  a  claim  to  call  itself  the  standard." — The  Chicago  (III.)  Record- 
Herald. 

"  The  time  and  money  necessary  to  acquire  the  mastery  of  a  good 
shorthand  system  are  always  well  spent.  Of  all  the  shorthand 
systems,  the  Isaac  Pitman  is  the  best  for  all  practical  purposes,  being 
the  simplest  and  most  natural,  the  most  harmonious,  logical,  and 
legible.  This  system  has  been  chosen  for  the  '  Christian  Herald's  ' 
course  of  shorthand  lessons." —  Christian  Herald,  New  York. 

"  The  Isaac  Pitman  system  of  shorthand  is  founded  on  a  philoso- 
phical basis,  approved  by  Max  Muller  and  other  eminent  authorities 
on  the  representation  of  language  in  writing,  and  as  the  result  of 
its  use  by  a  host  of  able  shorthand  writers  in  every  field  of  work, 
the  system  has  been  developed  on  lines  of  practical  usefulness  to  a 
far  greater  extent  than  any  other  method." — Harmsworth's  Selt- 
Educator. 

"  I  think  it  no  extravagance  to  hope  that  your  '  Course  in  Short- 
hand '  will  prove  an  innovation  second  in  importance  only  to  that 
inaugurated  by  the  great  Father  of  Phonography  himself.  Until  such 
time  as  rival  systems  are  in  a  position  to  re-model  their  text-books, 
it  would  seem  idle  to  discuss  their  inferiority.  The  Isaac  Pitman 
now  stands  in  a  class  by  itself,  thanks  to  '  Course  in  Shorthand.'  " — 
Brother  Rogatian,  De  La  Salle  College,  Vedado,  Havana,  Cuba. 


Send  for 

"SOME  POINTS," 
and  a  copy  of  "  PITMAN'S  JOURNAL." 


ISAAC  PITMAN  &  SONS,  31  Union  Square  (West;, 
New  York. 


Press  of  Isaac  Pitman  &•  Sons,  Bath,  England. 


Twelve   Reasons  for  Learning 
Isaac    Pitman's  Shorthand 

It  was  the  first  invented,  and  is  the  latest 

improved. 

It  is  the  Easiest  to  Learn. 
It  is  the  briefest. 

It  has  demonstrated  its  superiority  overT  all 
other  systems  by  winning  the  PRINCIPAL 
HONORS  in  the  following  International 
Contests  : 

FIRST  INTERNATIONAL  SHORTHAND 
SPEED  CONTEST,  Baltimore,  1906, 
The  Miner  Gold  Medal,  the  only  trophy 
awarded,  won  by  Sidney  H.  Godfrey. 
SECOND  INTERNATIONAL  SHORT- 
HAND SPEED  CONTEST,  Boston, 
1907.  Miner  Gold  Medal,  won  by 
Sidney  H.  Godfrey,  and  Eagan  Inter- 
national Cup,  won  by  Miss  Nellie  M. 
Wood. 

THIRD  INTERNATIONAL  SHORTHAND 
SPEED  CONTEST,  Philadelphia,  1908. 
Eagan  International  Cup,  won  for  the 
SECOND  TIME,  by  Miss  Nellie  M. 
Wood. 

The  entire  system  is  built  on  a  scientific  basis. 
It    is    universal    and    international,    having 

completely  circumnavigated  the  globe. 
Its  adaptation  to  ten  foreign  languages  is  a 
great  help  to  the  study  of  such  languages. 
It  has  more  shorthand  literature  than  all  other 
systems     combined,     ranging     from     the 
complete  Shorthand  Bible  to  popular  fiction 
of  the  day. 
It  is  taught  in  the  High  Schools  of  New  York, 

Brooklyn,  and  other  leading  cities. 
Has    many   imitators,    which    in    itself   is    a 

guarantee  of  its  superiority. 
The  late  U.S.  Commissioner  of  Education  (Dr. 
W.   T.    Harris)   says  :     "  It    is   the   BEST 
system,  and  the  one  which  forms  the  basis 
for  a  hundred  or  more  modifications." 


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